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Colorado's HB 1148 seeks to protect minors on social media by enforcing strict privacy settings, prohibiting certain data practices, and targeting businesses generating most revenue from online services.
Key Provisions
Covered businesses must configure default privacy settings for minors to the highest level.
Minors must have a tool to request account deletion, honored within 15 days.
Businesses must delete age-related data once a user is identified as a minor.
Prohibits a single setting that reduces all privacy settings at once.
Prohibits prompting minors to lower their privacy settings.
Prohibits monitoring minors without a conspicuous signal.
Imposes a 5% fee on add-on transactions by minors, funds go to state public school fund.
Prohibits algorithmic distribution of illicit substances to minors on social media platforms.
Prohibits using previously collected personal data of a covered minor for purposes other than those for which it was collected.
Imposes additional specific requirements and prohibitions for businesses conducting age assurance.
Requires social media platforms to provide certain information on their website or mobile application concerning privacy policies and the use of algorithms.
Requires the purchase price for an online gaming service, product, or feature to be listed in USD at the point of sale.
Prohibits using the personal data of a covered minor to select, recommend, or prioritize media unless the minor makes certain requests or takes certain actions.
Prohibits sending push notifications to minors between midnight and 6 a.m.
Prohibits retaining personal data of a covered minor that is not necessary for providing the service.
Applies to any covered business that meets the criteria.
Latest Legislative Action
House Committee on Judiciary Postpone Indefinitely
Bill Sponsors
Name
Role
D. Roberts
Sponsor
J. Willford
Sponsor
M. Weissman
Sponsor
Y. Zokaie
Sponsor
Compliance Checklist
Configure default privacy settings to the highest level for minors. Who: Covered businesses providing online services. Penalty: Potential penalties for non-compliance not specified.
Provide a tool for minors to delete accounts and honor requests within 15 days. Who: Covered businesses. Penalty: Potential penalties for non-compliance not specified.
Full Legal Analysis
HB 1148, titled 'Protections for Youth on Social Media,' defines a 'covered business' as any legal entity conducting business in Colorado that solely or jointly determines the purposes and means of processing users' personal data and generates a majority of its annual revenue from online services. The bill mandates that such businesses configure default privacy settings for minors to the highest level and provide tools for account deletion requests, which must be honored within 15 days. It also requires immediate deletion of age-related data once a user is identified as a minor. The bill prohibits providing a single setting that reduces privacy, prompting minors to lower privacy settings, and collecting unnecessary personal data. It restricts the use of minors' data for media recommendations unless initiated by the minor and bans sending push notifications between midnight and 6 a.m. Additionally, it requires listing prices in USD and imposes a 5% fee on add-on transactions by minors, directing funds to the state public school fund. Social media platforms must disclose privacy policies and are specifically barred from using algorithms to distribute illicit substances to minors. The bill also prohibits using previously collected personal data of a covered minor for purposes other than those for which it was collected and requires a conspicuous signal when monitoring or tracking a minor. Furthermore, it imposes additional specific requirements and prohibitions for businesses conducting age assurance and requires social media platforms to provide certain information on their website or mobile application concerning privacy policies and the use of algorithms. The bill prohibits retaining personal data of a covered minor that is not necessary for providing the service and applies to any covered business that meets the criteria.
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