Sec. 120. Data protections for covered minors
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/bill/118/hr/8818/ih/section-120·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity or service provider acting on behalf of a covered entity may not engage in targeted advertising or first-party advertising to an individual if the covered entity has knowledge that the individual is a covered minor, except that a covered entity or service provider may present or display to a covered minor age-appropriate advertisements intended for an audience of covered minors, if the covered entity or service provider does not use any covered data in relation to such advertisements, other than data relating to the status of the individual as a covered minor.
Except as provided in paragraph (2), and notwithstanding section 102(b), a covered entity or a service provider acting on behalf of a covered entity may not transfer or direct a service provider to transfer the covered data of an individual to a third party if the covered entity— has knowledge that the individual is a covered minor; and has not obtained affirmative express consent, unless the transfer is necessary, proportionate, and limited to a purpose expressly permitted by paragraph (2), (3), (4), (8), (9), (11), (12), or
(13)of section 102(d). A covered entity or service provider may collect, process, retain, or transfer covered data of an individual that the covered entity or service provider knows is a covered minor 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. The Commission may conduct a rulemaking pursuant to section 553 of title 5, United States Code, to establish processes for parents and teens to exercise the rights provided in this title with respect to covered entities and data brokers. Any such rulemaking shall take into account— the specific needs of parents, children, and teens; how best to harmonize the processes provided for under this title with the processes and guidance provided for under the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ), as amended by title II of this Act, and any regulations promulgated by the Commission thereunder; and options for reducing undue burdens on parents, children, teens, covered entities, and data brokers.
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Sec. 120
Data protections for covered minors
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