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Description

Issued ruling blocking the implementation of California Age-Appropriate Design Code Act

On 18 September 2023, the United States District Court Northern District of California granted a motion for preliminary injunction, blocking the implementation of the California Age-Appropriate Design Code Act. The NetChoice, a trade association representing companies such as e Google, Amazon, Meta, and TikTok, challenged the constitutionality of the Act, arguing that it is incompatible with the First Amendment. The Act, set to enter into force on 1 July 2024, mandates several obligations for any business that offers an online service, product, or feature that is anticipated to be utilised by children. Furthermore, the Act prohibits enterprises offering products that are probable to be accessed by children from gathering or utilising personal information obtained from child users. It also necessitates these businesses to accurately determine the age of their customers and limit the scope and nature of personal data that can be gathered, sold, shared, or retained concerning these individuals. The court temporarily blocked the Act due to its potential violation of the constitution. The preliminary injunction takes immediate effect until otherwise ordered by the court.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
online advertising provider, platform intermediary: user-generated content, technological consumer goods, software provider: other software, platform intermediary: other
Implementation Level
national
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

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2023-09-18
in force

On 18 September 2023, the United States District Court Northern District of California granted a mo…

2023-10-18
under appeal

On 18 October 2023, Attorney General (AG) Rob Bonta filed an appeal against the ruling blocking the…

2023-12-13
under appeal

On 13 December 2023, Attorney General (AG) Rob Bonta filed a brief in the Ninth Circuit in defence …