Sec. 205. Data protections for children and minors
534 words·~2 min read·
/bill/117/hr/8152/ih/section-205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity shall not engage in targeted advertising to any individual under the age of 17 if the covered entity knows that the individual is under the age of 17. A covered entity shall not transfer the covered data of an individual to a third party without affirmative express consent from the individual or the individual’s parent or guardian if the covered entity knows that the individual under the age of 17. The knowledge requirement in subsections
(a)and (b), shall not be construed to require the affirmative collection or processing of any data with respect to the age of an individual or a proxy thereof, or to require that a covered entity implement an age gating regime. Rather, the determination of whether an individual is under 17 shall be based on the covered data collected directly from an individual or a proxy thereof that the covered entity would otherwise collect in the normal course of business. There is established within the Commission a division to be known as the Youth Privacy and Marketing Division (in this section referred to as the Division ). The Division shall be headed by a Director, who shall be appointed by the Chair of the Commission. The Division shall be responsible for assisting the Commission in addressing, as it relates to this Act— the privacy of children and minors; and marketing directed at children and minors. The Director of the Division shall hire adequate staff to carry out the duties described in paragraph (3), including by hiring individuals who are experts in data protection, digital advertising, data analytics, and youth development. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes— a description of the work of the Division regarding emerging concerns relating to youth privacy and marketing practices; and an assessment of how effectively the Division has, during the period for which the report is submitted, assisting the Commission to address youth privacy and marketing practices. Not later than 10 days after the date on which a report is submitted under paragraph (5), the Commission shall publish the report on its website. Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Inspector General of the Commission shall submit to the Commission and to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report regarding the safe harbor provisions in section 1307 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ), which shall include— an analysis of whether the safe harbor provisions are— operating fairly and effectively; and effectively protecting the interests of children and minors; and any proposal or recommendation for policy changes that would improve the effectiveness of the safe harbor provisions. Not later than 10 days after the date on which a report is submitted under paragraph (1), the Commission shall publish the report on the website of the Commission.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 205
Data protections for children and minors
Cites 1Cited by 0 across 0 sources