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SD HB1309
Bill
Status
Introduced
2/4/2026
Primary Sponsor
John Shubeck
Click for details
AI Summary
- Prohibits operators of mobile apps, online services, and websites from processing personal data of covered users (individuals 16 or younger) unless the processing complies with federal COPPA requirements (for children 12 and under), parental/guardian consent is obtained (for users ages 13–15), or the processing falls under specific enumerated exceptions
- Permits data processing of covered users only when strictly necessary for purposes such as providing a requested product or service, internal business operations (excluding marketing and targeted advertising), fixing technical errors, preventing fraud or illegal activity, complying with legal obligations, or responding to security threats
- Requires operators to destroy or delete all personal data of a covered user within 14 days of determining the user's status, unless processing is otherwise permitted, and to notify any third parties who received or processed the data
- Grants exclusive enforcement authority to the attorney general, who may seek injunctive relief or impose civil penalties of up to $5,000 per violation, with penalties deposited into the state general fund
- Requires the attorney general to provide written notice of alleged violations at least 60 days before taking action, giving operators an opportunity to cure, and explicitly bars any private right of action
Legislative Description
Restrict the processing of online personal data of individuals sixteen years of age or younger.
Minors
Last Action
Commerce and Energy Tabled, Passed, YEAS 11, NAYS 0.
2/20/2026
Committee Referrals
Commerce and Energy2/5/2026
Full Bill Text
No bill text available