States Propose to Expand Child Privacy and Ad Laws

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It is the 25th anniversary of the federal Children’s Online Privacy Protection Act (COPPA), which has served us well, but states are looking to expand privacy protection for minors. Several years ago California expanded its Online Privacy Protection Act to give minors the right to remove content they have posted on social media and certain other websites and to limit advertising of age-restricted products to them. Now Connecticut proposes to do the same with GA 6601. Last year California’s new consumer privacy law restricted the sale of personal information of California residents under 16 years of age except with express opt-in consent (which must be exercised by the parent of children under 13). Now a California bill, AB 1665 purposes to limit websites and mobile apps from publishing a minor’s name, picture, or any reasonably identifiable  information about the minor on a social media service (not defined), where the publisher is paid by a third party to do so, absent parental consent, which consent cannot be a condition of using the service. It is not clear what uses cases the bill intends to address, but presumably paid publication of “likes” of brands would be covered.

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