- District 15
(1) Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, establishes the California Privacy Protection Agency. Existing law vests the agency with full administrative power, authority, and jurisdiction to implement and enforce the California Consumer Privacy Act of 2018, and requires the agency to be governed by a board. Existing law requires businesses to protect consumer privacy and information, make certain disclosures to consumers regarding a consumer's rights under the act in a specified manner, and disclose to consumers that a consumer has the right to request specific pieces of information, including the categories of information those businesses have collected about that consumer. Existing law, the Parent's Accountability and Child Protection Act, requires a person or business that conducts business in California and that seeks to sell specified products or services to take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including verifying the age of the purchaser. Existing law prohibits a person or business that is required to comply with these provisions from retaining, using, or disclosing any information it receives in an effort to verify age from a purchaser or recipient for any other purpose, except as specified, and subjects a business or person that violates these provisions to a civil penalty. This bill would enact the California Age-Appropriate Design Code Act, which, commencing July 1, 2024, would require a business that provides an online service, product, or feature likely to be accessed by a child to comply with specified requirements, including configuring all default privacy settings offered by the online service, product, or feature to the settings that offer a high level of privacy protection offered by the business, and providing privacy information, terms of service, policies, and community standards concisely, prominently, and using clear language suited to the age of children likely to access that online service, product, or feature. The bill would prohibit a business that provides an online service, product, or feature likely to be accessed by a child from taking proscribed action, including using the personal information of a child for any reason other than the reason or reasons for which the personal information was collected. This bill would require the California Privacy Protection Agency to establish and convene the California Children's Data Protection Taskforce to evaluate best practices for the implementation of these provisions, and to provide support to businesses, as specified. The bill would require the agency's board to appoint the members of the taskforce by April 1, 2023, and would require those members to have certain expertise, including in the areas of privacy and children's rights. The bill would require the taskforce to make prescribed recommendations on best practices, including identifying online services, products, or features likely to be accessed by children. By April 1, 2024, the bill would require the agency, in consultation with the taskforce, to adopt regulations, as necessary. This bill would authorize the Attorney General to seek an injunction or civil penalty against any business that violates it provisions. The bill would hold violators liable for a civil penalty of not more than $2,500 per affected child for each negligent violation, or not more than $7,500 per affected child for each intentional violation. (2) The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 28).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0.)
From committee: Do pass. (Ayes 16. Noes 0.) (May 19).
Read second time. Ordered to third reading.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 19).
From printer. May be heard in committee March 19.
Read first time. To print.
|Bill Text Versions||Format|
|02/16/22 - Introduced|
|04/26/22 - Amended Assembly|
|06/30/22 - Amended Senate|
|04/17/22- Assembly Privacy and Consumer Protection|
|05/09/22- Assembly Appropriations|
|05/20/22- ASSEMBLY FLOOR ANALYSIS|
|06/24/22- Senate Judiciary|
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