SB 68 AGE APPROPRIATE DESIGN CODE ACT

Sen George K Munoz

Actions: [1] SCC/STBTC/SJC-SCC

Scheduled: Not Scheduled

 Senate Bill 68 (SB 68) enacts the Age Appropriate Design Code Act and provides civil penalties. 

 Senate Bill 68 (SB 68) enacts the Age Appropriate Design Code Act (AADC) with the intent of protecting children from harmful products, services or features online, and protecting children from  having to witness, participate in, or otherwise be impacted by, such content. 

All covered entities (eg., sole proprietorships, partnerships, limited liability entities or other entities operated for profit that offer online products and services) must complete data protection impact assessments for any online product, service or feature; maintain documentation of the assessments; provide a list of such assessments to the Attorney General if/as requested; and ensure protections for children as required.

Prohibited practices are detailed and include restrictions on profiling, data collection, use of dark patterns (user interfaces designed or manipulated with the purpose of subverting or impairing user autonomy, decision making or choice); and privacy intrusions.

Those who violate the AADC shall be subject to injunctive relief to cease or correct the violation; liabile for a civil penalty of not more than two thousand five hundred dollars ($2500) per affected child for each violation; and liable for a civil penalty of not more than seven thousand five hundred dollars ($7500) per affected child for each violation.

The Attorney General is designated to provide enforcement, and procedures for enforcement are detailed. 

Certain exceptions for the AADC are provided, related to protected health information, clinical trials, and certain telecommunications services. Limitations are established, to ensure only appropriate liability and to maintain the rights of children to deliberately seek information, content or services.
 

 There is no law currently in place that addresses all these specific issues. If the bill does not pass, related existing laws will need to be relied upon for guidance.