California Governor Newsom announced that he has signed bipartisan landmark legislation aimed at protecting the wellbeing, data, and privacy of children using online platforms.
AB 2273 by Assemblymember Buffy Wicks (D-Oakland) and Assemblymember Jordan Cunningham (R-San Luis Obispo), establishes the California Age-Appropriate Design Code Act, which requires online platforms to consider the best interest of child users and to default to privacy and safety settings that protect children’s mental and physical health and wellbeing.
AB 2273 prohibits companies that provide online services, products or features likely to be accessed by children from using a child’s personal information; collecting, selling, or retaining a child’s geolocation; profiling a child by default; and leading or encouraging children to provide personal information.
The bill also requires privacy information, terms of service, policies, and community standards be easily accessible and upheld – and requires responsive tools to help children exercise their privacy rights. This bipartisan legislation strikes a balance that protects kids, and ensure that technology companies will have clear rules of the road that will allow them to continue to innovate.
The Children’s Data Protection Working Group will be established as part of the California Age-Appropriate Design Code Act to deliver a report to the Legislature, by January 2024, on the best practices for implementation.
AB 2273 requires businesses with an online presence to complete a Data Protection Impact Assessment before offering new online services, products, or features likely to be accessed by children.
Provided to the California Attorney General, the Data Protection Impact Assessments must identify the purpose of the online service, product, or feature, how it uses children’s personal information, and the risks of material detriment to children that arise from the data management practices.
The New York Times reported that despite opposition from the tech industry, the State Legislature unanimously approved the bill at the end of August. It is the first state statute in the nation requiring online services likely to be used by youngsters to install wide-ranging safeguards for users under 18.
According to The New York Times, the measure will require sites and apps to curb the risks that certain popular features – like allowing strangers to message one another – may pose to younger users. It will also require online services to turn on the highest privacy settings by default for children.
The New York Times also reported that the California measure could apply to a wide range of popular digital products that people under 18 are likely to use: social networks, game platforms, connected toys, voice assistants and digital learning tools for schools. It could also affect children far beyond the state, prompting some services to introduce changes nationwide, rather than treat minors in California differently.
Personally, I think that California’s AB 2273 is a great idea! I believe that every parent wants to make sure that their children will be safe when engaging in online video games, social networks, and other things that kids tend to like. It will be even better when these protections are established nationwide, to provide protection for all children in the United States.