United States of America: California Age-Appropriate Design Code Act (AB 2273) including data protection regulation amended

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Description

California Age-Appropriate Design Code Act (AB 2273) including data protection regulation amended

On 26 April 2022, the California Age-Appropriate Design Code Act (AB 2273) including data protection rules, has been amended by the California Assembly. The amended version of the bill clarifies several previous provisions, for example by expanding the prohibition on collecting and retaining personal information to also clearly cover selling and sharing of data. Furthermore, where the original version sometimes allowed information collection in a child's "best interests", the amended version changes these exceptions to apply where collection is necessary to provide the service at issue. The amended version further requires Data Protection Impact Assessments to be provided to the California Privacy Protection Agency within 12 months of the implementation of the Act, to be reviewed every 24 months or before new features are made public. Finally, while the Act would require entities to establish the age of consumers with reasonable accuracy, the amended text adds a provision prohibiting age-identifying information from being used for other purposes and from being retained for longer than necessary.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
cross-cutting
Implementation Level
subnational
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

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2022-02-16
under deliberation

The California Age-Appropriate Design Code Act (AB 2273) is introduced in the California Assembly.…

2022-04-26
under deliberation

On 26 April 2022, the California Age-Appropriate Design Code Act (AB 2273) including data protecti…

2022-05-26
under deliberation

On 26 May 2022, the California Age-Appropriate Design Code Act (AB 2273) has been passed by the Ca…

2022-08-29
adopted

On 29 August 2022, the Age-Appropriate Design Code Act (AB 2273) was adopted by the Senate of Cali…

2022-09-15
in grace period

On 15 September 2022, the Age-Appropriate Design Code Act (AB 2273) is signed by the Governor of C…

2024-07-01
in force

On 1 July 2024, the Age-Appropriate Design Code Act (AB 2273) enters into force. The Bill requires …

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity cross-cutting
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
personal data: information pertaining to minors: data processing
Regulatory tool
Risk or other impact assessment requirement
Purpose/processing limitation
Definition of oversight agency jurisdiction
Sanctions
Regulated subjects
1
service (digitally delivered): hosting (any form)
Regulatory tool
Risk or other impact assessment requirement
Definition of oversight agency jurisdiction
Sanctions
Regulated subjects
1
personal data: information pertaining to minors: transmission
personal data: information pertaining to minors: sale
Regulatory tool
Purpose/processing limitation
Sanctions
Regulated subjects
1

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

personal data: information pertaining to minors: data processing

service (digitally delivered): hosting (any form)

personal data: information pertaining to minors: transmission

personal data: information pertaining to minors: sale