The California legislature is continuing its focus on amending, enacting, and overhauling various privacy laws. This effort began with the passage of the California Consumer Privacy Act followed shortly thereafter by the passage of the California Privacy Rights Act. Both laws have significantly expanded the administrative obligations for many California employers who receive and/or access consumer data and personally identifying information.
The newest effort is to overhaul the laws that are designed to protect children, and the data of minors, while they are online. The legislation would require web products to protect the personal data of children and limit their online exposure. In addition, the legislation seeks to modify default settings for websites and services that would include high privacy settings with geolocation switched off and a ban on any “nudging” techniques to convince children to weaken their settings. For example, Google decided to set “SafeSearch” as the default for children under 18 browsing the web. Similarly, TikTok and Instagram barred adults from directly messaging children who do not follow them. Furthermore, TikTok stopped late-night push notifications for children. YouTube meanwhile has shut off video auto-play for kids and has set automatic break and bedtime reminders.
The bipartisan legislation was introduced by Assembly members Buffy Wicks (D-Oakland) and Jordan Cunningham (R-Templeton).
Following U.K.’s Lead
The proposed legislation is modeled after a 2020 U.K. law that requires online products that children will likely use to modify their design and operations in order to improve overall privacy and safety for kids.The U.K. is the only nation that authorized enforcement of online safeguards designed to protect children.
Ramifications
If a new children’s privacy law is enacted in California, the most populous state in the country, it could have a major influence on various sectors of the economy, particularly tech start-ups and web companies.For example, the U.K. privacy lawbecame fully enforceable in September 2021 and has already triggered significant changes for various tech companies.
Federal Privacy Legislation
The proposed children’s privacy law in California comes as Congress started to eye similar reforms and overhauls of privacy laws and debate continues on enacting a sweeping federal privacy law that would impact all 50 states.
Have Questions About the New California Privacy Laws? Contact an Experienced Business Attorney in Los Angeles Today
If you need help navigating the various privacy rules and regulations recently enacted in California, contact the highly reputable and experienced Hakim Law Group. Our law firm stands ready to help small business owners and entrepreneurs. Our team of skilled and highly reputable business attorneys have worked in top tier international law firms and served as general counsel to major companies. This high level of diverse legal and business experience is paramount to our boutique approach – which produces more efficient, responsive and, ultimately, more effective results. For further information or to schedule an appointment with a leading business attorney in Los Angeles please contact HLG at 310.993.2203 or visit www.HakimLawGroup.com to learn more.
