California Privacy Rights for California Minors in the Digital World Act

The California Privacy Rights for California Minors in the Digital World Act, also known as SB 568, is a state law that was signed into law in 2013. This legislation specifically targets the protection of minors (individuals under the age of 18) in the digital environment. It reflects California's commitment to enhancing online privacy protections, particularly for younger individuals who may not fully grasp the implications of their online activities. SB 568 consists of two primary components that focus on advertising to minors and providing them with options to remove their own content from online platforms. Here are the key aspects of SB 568:

1. Restrictions on Advertising to Minors

The law prohibits websites, online services (including mobile apps), and online advertising services that are directed to minors or that have actual knowledge that a minor is using their service, from engaging in certain activities:

Advertising Products Illegal for Minors: They cannot advertise or market certain products that minors are legally prohibited from purchasing, such as alcohol, tobacco, firearms, and certain types of adult content.
Profiling Practices: The act restricts the use of a minor's personal information for the purpose of creating a profile used for directed advertising if the content is not suitable for minors.
Compiling Personal Information: Websites and online services are prohibited from compiling personal information of minors for the purpose of marketing or advertising products that minors cannot legally purchase or that are not otherwise suitable for them.

2. "Eraser" Provision

One of the hallmark features of SB 568 is its "eraser" provision, which is designed to give minors more control over their digital footprint:

Right to Remove Content: The law requires websites, online services, and apps that are directed to minors or knowingly used by minors to provide these users with a way to remove, or to request and obtain removal of, content or information they have publicly posted.
Exceptions: There are exceptions to this provision, such as when the content or information was posted by a third party (other than the minor), when the law requires the operator to maintain the content, or when the content or information has been anonymized.
Limitations: It's important to note that this provision does not guarantee the complete or comprehensive removal of the content from the internet. Content might remain visible in certain contexts, such as when it has been copied or reposted by others, or when it is stored on servers that are not under the control of the website or online service.

Implementation and Challenges

The implementation of SB 568 poses certain challenges, including the difficulty of accurately identifying users' ages online and the technical complexities associated with removing content from the internet. Moreover, the law's requirements regarding advertising practices necessitate robust mechanisms to prevent prohibited marketing activities directed at minors.

Impact and Significance

SB 568 represents a significant step in acknowledging and addressing the unique privacy risks and concerns that minors face in the digital world. By restricting targeted advertising and providing youths with the ability to delete their online posts, California has set a precedent for other states and potentially federal legislation to follow in enhancing online protections for minors. This law complements other federal regulations, such as the Children's Online Privacy Protection Act (COPPA), which imposes certain requirements on operators of websites or online services directed to children under 13 years of age.