summary
Introduced
01/14/2025
01/14/2025
In Committee
01/14/2025
01/14/2025
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Enacting The "child Data Privacy And Protection Act" By Adding Article 9 To Chapter 5, Title 39 So As To Provide Definitions, To Provide For Certain Data Protection Impact Assessments, To Provide That Certain Entities May Not Collect, Retain, Process, Or Sell Certain Personal Data, To Provide That Certain Entities Shall Utilize Privacy By Default, To Provide That Users Must Have Access To Their Accounts, To Provide That Certain Civil And Criminal Subpoenas And Warrants Must Be Expedited, To Provide That Privacy Policies Must Be Prominently Displayed, To Provide For Methods For Notifications, To Provide For A Public Awareness Campaign, To Require A Report, And To Provide For A Cause Of Action.
AI Summary
This bill establishes the Child Data Privacy and Protection Act, which creates comprehensive regulations for online products targeting children under 18 in South Carolina. The legislation requires entities offering such online products to complete detailed data protection impact assessments that evaluate potential risks to child users, including how children interact with the product, the type and amount of data collected, and potential harmful exposures. Companies are prohibited from collecting or selling personal data of child users unless it is necessary to provide the product or serves the child's interests, and targeted digital advertising is only allowed with parental consent. The bill mandates "privacy by default" settings, requires proactive alerts when data is being collected, and forces companies to prominently display privacy policies in child-friendly language. Entities must provide account access to parents after a child's death, expedite legal subpoenas involving child victims, and create notification methods for reporting product problems. The Office of the Attorney General will conduct a public awareness campaign and produce biennial reports on the implementation of these protections. Violations can result in significant civil penalties up to $20,000 per instance (with a maximum of $250 million), and individuals can bring legal actions to seek damages for knowingly or recklessly harmful violations. The act will take effect 180 days after the Governor's approval.
Committee Categories
Justice
Sponsors (4)
Last Action
Referred to Committee on Judiciary (on 01/14/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=3400&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/3400_20241205.htm |
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