Sec. 205. Data protections for children and minors
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/bill/117/hr/8152/rh/section-205·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity may not engage in targeted advertising to any individual if the covered entity has knowledge that the individual is a covered minor. A covered entity may not transfer or direct the transfer of the covered data of a covered minor to a third party if the covered entity— has knowledge that the individual is a covered minor; and has not obtained affirmative express consent from the covered minor or the covered minor’s parent or guardian. A covered entity or service provider may collect, process, or transfer covered data of an individual the covered entity or service provider knows is under the age of 18 solely in order to submit information relating to child victimization to law enforcement or to the nonprofit, national resource center and clearinghouse congressionally designated to provide assistance to victims, families, child-serving professionals, and the general public on missing and exploited children issues.
There is established within the Commission in the privacy bureau established in this Act, 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 2 years 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, assisted 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 1304 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.
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Sec. 205
Data protections for children and minors
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