California Expands Online Privacy Rights of Minors

On September 23, 2013, California Governor Jerry Brown signed into law Senate Bill 568, which expands the privacy rights of minors in two ways. First, it prevents Web site and mobile application operators from knowingly using, disclosing, compiling, or allowing third parties to use, disclose, or compile, the personal information of minors to market or advertise certain products and services to them, including those that are dangerous, destructive, or obscene. Second, the bill requires Web site and mobile application operators to permit a minor, who is a registered user of the site or application, to remove, or to request and obtain removal of, content or information the minor posted on the site or application, unless: a. a third party posted the content or information, b. any other provision of law requires the operator or third party to maintain the content or information, or c. the operator makes the content or information anonymous. The bill also requires the operator to notify minors of the ability to remove, or to request and obtain removal of, the content or information (known as the “minor eraser”). The bill takes effect January 1, 2015.