Bill Text: CA AB2529 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2529

Bill Title: Social media platforms: video games: minors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-01 - Re-referred to Com. on P. & C.P. [AB2529 Detail]

Download: California-2023-AB2529-Amended.html

Amended IN Assembly March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2529

Introduced by Assembly Member Lowenthal

February 13, 2024

An act to ~~amend Section 6031 of the Business and Professions Code, relating to professions and vocations.~~ add Chapter 22.6 (commencing with Section 22602) to Division 8 of the Business and Professions Code, relating to personal information.

LEGISLATIVE COUNSEL'S DIGEST

AB 2529, as amended, Lowenthal. ~~State Bar Act.~~ Social media platforms: video games: minors.

Existing law, the California Consumer Privacy Act of 2018, grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to direct a business that sells or shares personal information about the consumer to third parties not to sell or share the consumer’s personal information. Existing law prohibits a business from selling or sharing the personal information of a consumer if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of a consumer at least 13 years of age and less than 16 years of age, or the consumer’s parent or guardian, in the case of a consumer who is less than 13 years of age, has affirmatively authorized the sale or sharing of the consumer’s personal information.
Existing law, the California Age-Appropriate Design Code Act, prohibits a business that provides an online service, product, or feature likely to be accessed by children from collecting, selling, sharing, or retaining any personal information that is not necessary to provide an online service, product, or feature with which a child is actively and knowingly engaged, or as specified, unless the business can demonstrate a compelling reason that the collecting, selling, sharing, or retaining of the personal information is in the best interests of children likely to access the online service, product, or feature.
This bill would prohibit a social media platform or video game from collecting the personal information of a minor unless otherwise required by law to do so. The bill would define “minor” to mean a person who is no more than 18 years of age.
The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. That act authorizes the board of trustees to aid in all matters pertaining to the advancement of the science of jurisprudence or to the improvement of the administration of justice.
~~This bill would make nonsubstantive changes to that provision.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Chapter 22.6 (commencing with Section 22602) is added to Division 8 of the Business and Professions Code, to read:

CHAPTER 22.6. Minor Personal Information Collection
22602.
As used in this chapter:
(a) “Covered business” means a social media platform or a video game.
(b) “Minor” means a person who is no more than 18 years of age.
(c) “Personal information” has the same meaning as defined in Section 1798.140 of the Civil Code.
(d) “Social media platform” has the same meaning as defined in Section 22945.
(e) “Video game” means an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.
22602.1.
A covered business shall not collect the personal information of a minor unless otherwise required by law to do so.

SECTION 1.Section 6031 of the Business and Professions Code is amended to read:
6031.
~~(a)The board may aid in all matters pertaining to the advancement of the science of jurisprudence or to the improvement of the administration of justice.~~
(b)(1)Notwithstanding this section or any other law, the board shall not conduct or participate in, or authorize any committee, agency, employee, or commission of the State Bar to conduct or participate in any evaluation, review, or report on the qualifications, integrity, diligence, or judicial ability of any specific justice of a court provided for in Section 2 or 3 of Article VI of the California Constitution without prior review and statutory authorization by the Legislature.
(2)The provisions of this subdivision shall not be construed to prohibit a licensee of the State Bar from conducting or participating in the evaluation, review, or report in the licensee’s individual capacity.
~~(3)The provisions of this subdivision shall not be construed to prohibit an evaluation of potential judicial appointees or nominees as authorized by Section 12011.5 of the Government Code.~~