Sec. 5. Disclosure
602 words·~3 min read·
/bill/118/s/1409/is/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Prior to registration or purchase of a covered platform by an individual that the platform knows or reasonably should know is a minor, the platform shall provide clear, conspicuous, and easy-to-understand— notice of the policies and practices of the covered platform with respect to personal data and safeguards for minors; information about how to access the safeguards and parental tools required under section 4; and notice about whether the covered platform, including any personalized recommendation systems used by the platform, pose any heightened risks of harms to minors.
In the case of an individual that a covered platform knows or reasonably should know is a child, the platform shall additionally provide information about the parental tools and safeguards required under section 4 to a parent of the child and obtain express affirmative acknowledgment from the parent prior to the initial use of the covered platform by the child. A covered platform shall be deemed to have satisfied the requirement described in subparagraph
(A)if the covered platform has undertaken a reasonable effort (taking into consideration available technology) to ensure a parent receives the information described in such subparagraph and to obtain a parent's express affirmative acknowledgment. A covered platform may consolidate the process for providing information and (if applicable) obtaining parental acknowledgment as required under this subsection with its obligations to obtain consent for data privacy practices, provided the content of the notice meets the requirements of this subsection. The Federal Trade Commission may issue rules pursuant to section 553 of title 5, United States Code, to establish templates or models of short-form notices that include the minimum level of information and labels necessary for the disclosures required under paragraph (1). A covered platform that operates personalized recommendation systems shall set out in its terms and conditions, in a clear, conspicuous, and easy-to-understand manner— an overview of how those personalized recommendation systems are used by the covered platform to provide information to users of the platform who are minors, including how such systems use the personal data of minors; and information about options for minors or their parents to control personalized recommendation systems (including by opting out of such systems). A covered platform that facilitates advertising aimed at users that the platform knows or reasonably should know are minors shall provide clear, conspicuous, and easy-to-understand information and labels to minors on advertisements regarding— the name of the product, service, or brand and the subject matter of an advertisement; why the minor is being targeted for a particular advertisement if the covered platform engages in targeted advertising, including material information about how the minor's personal data was used to target the advertisement; and whether particular media displayed to the minor is an advertisement or marketing material, including disclosure of endorsements of products, services, or brands made for commercial consideration by other users of the platform. The Federal Trade Commission may issue rules pursuant to section 553 of title 5, United States Code, to establish templates or models of short-form notices that include the minimum level of information and labels necessary for the disclosures required under paragraph (1). A covered platform shall provide to minors and parents clear, conspicuous, easy-to-understand, and comprehensive information in a prominent location regarding— its policies and practices with respect to personal data and safeguards for minors; and how to access the safeguards and tools required under section 4. A covered platform shall ensure, to the extent practicable, that the disclosures required by this section are made available in the same language, form, and manner as the covered platform provides any product or service used by minors and their parents.