Bill > S3493

Introduced Session

This bill establishes social media privacy and data management requirements for children and also establishes the New Jersey Children's Data Protection Commission. The bill requires that before any new online service, product, or feature is offered to users residing in New Jersey, a social media platform that provides an online service, product, or feature likely to be accessed by children is required to, take certain actions as described in the bill, including completing a data protection impact assessment. Under the bill, a data protection impact assessment is to address: (1) whether the design of the online product, service, or feature could harm children, including by exposing children to harmful, or potentially harmful, content on the social media platform; (2) whether the design of the online service, product, or feature could lead to children experiencing or being targeted by harmful, or potentially harmful, contacts on the social media platform; (3) whether the design of the online service, product, or feature could permit children to witness, participate in, or be subject to harmful, or potentially harmful, conduct on the social media platform; (4) whether the design of the online product, service, or feature could allow children to be party to or exploited by a harmful, or potentially harmful, contact on the social media platform; (5) whether algorithms used by the online service, product, or feature could harm children; (6) whether targeted advertising systems used by the online service, product, or feature could harm children; (7) whether and how the online service, product, or feature uses system design features to increase, sustain, or extend use of the social media platform by children, including the automatic playing of media, rewards for time spent, and notifications; and (8) whether, how, and for what purpose the online service, product, or feature collects or processes personal information of children. The bill prohibits social media platforms that provide online service, product, or feature likely to be accessed by children from, among other things: (1) using the personal information of any child in a way that the social media platform knows, or has reason to know, is materially detrimental to the physical health, mental health, or well-being of a child; (2) profiling a child by default, unless certain criteria apply; or (3) collecting, selling, sharing, or retaining any personal information that is not necessary to provide an online service, product, or feature with which a child is actively and knowingly engaged, unless the social media platform can demonstrate a compelling reason that the collecting, selling, sharing, or retaining of the personal information is in the best interests of children likely to access the online service, product, or feature. The bill provides penalties for social media platforms that fail to comply with the provisions of the bill. Any social media platform that violates the provisions of the bill is subject to an injunction and liable for a civil penalty of not more than $2,500 per affected child for each negligent violation or not more than $7,500 per affected child for each intentional violation, which shall be assessed and recovered only in a civil action brought by the Attorney General. Finally, the bill establishes, within the Division of Consumer Affairs, the New Jersey Children's Data Protection Commission (commission). The commission shall consist of nine members, with expertise in children's data privacy, children's physical health, children's mental health and well-being, computer science, or children's rights. Under the bill, three members would be appointed by the Governor, President of the Senate, and the Speaker of the Assembly, respectively. The commission is tasked with taking input from a broad range of stakeholders and making recommendations to the Legislature on best practices regarding certain topics described in the bill. The commission is required to submit a report of its findings and recommendations within six months of its organizational meeting and annually thereafter.

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Joe Vitale (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 01/19/2023)

Official Document