Bill > H3402

This bill introduces the "South Carolina Age-Appropriate Design Code Act," which establishes comprehensive regulations for online services, products, and features that are likely to be accessed by children under 18. The bill requires covered entities (businesses meeting specific revenue or data processing thresholds) to conduct detailed data protection impact assessments that evaluate how their online offerings might potentially harm children, including assessing risks of physical, financial, psychological, or discriminatory harm. Covered entities must configure default privacy settings to high levels of protection, provide clear and age-appropriate privacy information, and offer accessible tools for children or parents to exercise privacy rights. The bill prohibits several practices that could exploit or harm children, such as profiling children by default, processing unnecessary personal data, using "dark patterns" to manipulate children, and collecting precise geolocation data without clear notification. Enforcement is handled exclusively by the Attorney General, who can issue civil penalties up to $2,500 per child for negligent violations or $7,500 per child for intentional violations. Importantly, the bill does not create a private right of action, meaning individuals cannot sue directly under this law. The legislation aims to protect children's online privacy and prevent potential digital harm by imposing strict design and data processing standards on online platforms likely to be used by minors.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=3402&session=126&summary=B