§ 1798.99.32. — 1798.99.32. (Amended by Stats. 2023, Ch. 45, Sec. 1.)

California § 1798.99.32.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.81.47.
• Part 4.: TITLE 1.81.47. The California Age-Appropriate Design Code Act

Text

(a)
The California Children’s Data Protection Working Group is hereby created within the Office of the Attorney General to deliver a report to the Legislature, pursuant to subdivision (e), regarding best practices for the implementation of this title.
(b)
Working group members shall consist of Californians with expertise in at least two of the following areas:
(1)
Children’s data privacy.
(2)
Physical health.
(3)
Mental health and well-being.
(4)
Computer science.
(5)
Children’s rights.
(c)
The working group shall select a chair and a vice chair from among its members and shall consist of the following nine members:
(1)
Two appointees by the Governor.
(2)
Two appointees by the President Pro Tempore of the Senate.
(3)
Two appointees by the Speaker of the Assembly.
(4)
Two appointees by the Attorney General.
(5)
One appointee by the California Privacy Protection Agency.
(d)
The working group shall take input from a broad range of stakeholders, including from academia, consumer advocacy groups, and small, medium, and large businesses affected by data privacy policies and shall make recommendations to the Legislature on best practices regarding, at minimum, all of the following:
(1)
Identifying online
services, products, or features likely to be accessed by children.
(2)
Evaluating and prioritizing the best interests of children with respect to their privacy, physical health, and mental health and well-being and evaluating how those interests may be furthered by the design, development, and implementation of an online service, product, or feature.
(3)
Ensuring that age assurance methods used by businesses that provide online services, products, or features likely to be accessed by children are proportionate to the risks that arise from the data management practices of the business, privacy protective, and minimally invasive.
(4)
Assessing and mitigating risks to children that arise from the use of an online service, product, or feature.
(5)
Publishing privacy information, policies, and standards in concise, clear language suited for the age of children likely to access an online service, product, or feature.
(6)
How the working group and the Department of Justice may leverage the substantial and growing expertise of the California Privacy Protection Agency in the long-term development of data privacy policies that affect the privacy, rights, and safety of children online.
(e)
On or before
July 1, 2024, and every two years thereafter, the working group shall submit, pursuant to Section 9795 of the Government Code, a report to the Legislature regarding the recommendations described in subdivision (d).
(f)
A meeting of the members of the working group may be conducted, in whole or in part, by electronic transmission, electronic video screen communication, conference telephone, or other means of remote communication.
(g)
The members of the working group shall serve without compensation but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.
(h)
This section shall remain in effect until January 1, 2030, and as of that date is repealed.

Legislative History

Amended by Stats. 2023, Ch. 45, Sec. 1. (AB 127) Effective July 10, 2023. Repealed as of January 1, 2030, by its own provisions.