Cybersecurity Policy Report, Children’s Privacy Bill Sent to Virginia Governor, (Mar 13, 2024)
A bill that would limit the collection of personal data of a child has been sent to Virginia Gov. Glenn Youngkin (R.) for his signature. Gov. Youngkin has until April 8 to act on the bill.
HB 707 would prohibit a data controller from processing personal data of a known child “(i) for the purposes of targeted advertising, the sale of such personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer; (ii) for any processing purpose other than the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose unless such processing is reasonably necessary to provide an online service, product, or feature; or (iii) for any processing purpose without first obtaining consent from the child’s parent or legal guardian.”
In addition, HB 707 would prohibit a data controller from collecting precise geolocation data from a known child unless “(a) such precise geolocation data is reasonably necessary for the controller to provide such online service, product, or feature; (b) the controller provides to the known child a signal indicating that such controller is collecting such precise geolocation data; and (c) the controller obtains consent from the child’s parent or legal guardian.”
The bill also proposes to require each data controller that, on or after Jan. 1, 2025, offers any online service, product, or feature that a controller has actual knowledge is being used by children to conduct a data protection assessment for such online service, product, or feature that addresses “(1) the purpose of such online service, product, or features; (2) the categories of known children’s personal data that such online service, product, or feature processes; and (3) the purposes for which such controller processes known children’s personal data with respect to such online service, product, or feature.”
The bill authorizes the state Office of the Attorney General and Department of Law to enforce the provisions.
The bill was sponsored by Del. Michelle Maldonado (D.).
News: StateLegislation DataPrivacy