S.836 - Children and Teens’ Online Privacy Protection Act (119th Congress)
Summary
S.836, the Children and Teens’ Online Privacy Protection Act, aims to amend the Children's Online Privacy Protection Act of 1998 (COPPA) to strengthen protections for the online collection, use, and disclosure of personal information of children and teens. The bill expands the definition of personal information and introduces specific protections for teens (ages 13-17) in addition to children under 13. It also addresses issues related to individual-specific advertising, data deletion, and agreements with educational agencies.
Expected Effects
The likely effect of this bill is increased regulation and oversight of online operators regarding the data collection and usage practices related to children and teens. This could lead to changes in how websites, online services, and applications handle user data, potentially requiring more stringent consent mechanisms and data protection measures. The bill could also impact the types of advertising that can be directed towards children and teens online.
Potential Benefits
- Enhanced privacy protections for children and teens online, reducing the risk of data exploitation.
- Increased parental control over children's online data and new data control for teens.
- Greater transparency from online operators regarding data collection and usage practices.
- Limits on individual-specific advertising targeted at children and teens.
- Potential for a common verifiable consent mechanism, simplifying compliance for operators and improving user experience.
Potential Disadvantages
- Increased compliance costs for online operators, potentially leading to higher prices for consumers or reduced services.
- Potential for overly broad definitions of personal information, hindering legitimate data usage for beneficial purposes.
- Possible limitations on educational uses of online platforms due to stringent consent requirements, despite exceptions for educational institutions.
- Risk of creating barriers to innovation in online services and applications targeted at children and teens.
- Potential for increased complexity in online interactions, making it more difficult for children and teens to access and use online resources.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's focus on privacy aligns with the spirit of the Fourth Amendment, which protects against unreasonable searches and seizures, although this amendment primarily concerns government action. The expansion of protections to teens raises questions about the extent to which parental rights should extend over older minors, implicating broader considerations of individual autonomy. The bill's preemption clause regarding state laws could be viewed under a Tenth Amendment analysis, ensuring that federal law does not unduly infringe upon state powers, though the bill explicitly allows states to enact laws providing greater protection to children or teens.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).