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SC H3400
Bill
Status
1/14/2025
Primary Sponsor
Brandon Guffey
Click for details
AI Summary
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Requires entities offering online products targeted at users under 18 in South Carolina to complete data protection impact assessments analyzing data collection practices, potential harms to children, security protections, and health impacts
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Prohibits collecting, retaining, processing, or selling children's personal data unless necessary to provide the service, and bans targeted digital advertising to minors without parental consent
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Mandates "privacy by default" settings on all child-targeted online products, requiring the strictest privacy settings be applied automatically without manual input from users
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Requires privacy policies and terms of service to be written in child-appropriate language and agreed to by both the child and their parent or guardian before use
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Authorizes the Attorney General to impose civil penalties up to $20,000 per violation (capped at $250 million total), and allows private lawsuits by or on behalf of children harmed by violations, with 90-day cure period before enforcement actions
Legislative Description
Child Data Privacy and Protection Act
Last Action
Referred to Committee on Judiciary
1/14/2025