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State Child Privacy Law Update, February 28, 2023

WilmerHale: State Child Privacy Law Update, February 28, 2023: “In addition to the numerous comprehensive privacy laws that have been proposed in at least 20 states thus far in 2023, legislative trends demonstrate an emerging focus on regulations that address specific types of information, including the personal information of children. To date, 19 such proposals have emerged across 15 states. Each of these bills imposes new requirements for the processing of children’s information, across online services, products, features, and social media platforms. These proposals both emulate and build upon existing requirements. Companies that process the personal information of children in the ordinary course of business (including children under the age of 18) should be aware of these proposals and how they may impact their business operations. Other than the Children’s Online Privacy Protection Act (COPPA, which regulates the collection of personal information of children under the age of 13), there is no uniform approach to regulating the processing of children’s data. This is leading to a patchwork of requirements and proposals at the state level. The California Privacy Rights Act (CPRA), for example, creates specific requirements relating to the “selling” or “sharing” of personal information of children under the age of 16. Other states, such as Colorado and Connecticut, are regulating the processing of personal data from a known child as “sensitive” data that is subject to special processing requirements under their comprehensive privacy laws (though both laws also have some form of an exemption for data that is processed pursuant to COPPA)…In this alert, we offer a few key takeaways at the outset and provide a detailed breakdown of the bills that have been introduced in the 2023 legislative session. We are happy to answer any questions you may have on these issues..”

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