Kids PRIVACY Act

Protecting the Information of our Vulnerable Adolescents, Children, and Youth Act or the Kids PRIVACY Act

This bill expands the requirements for digital services when handling the personal information of children. The bill establishes requirements for digital services directed to children and digital services likely to be accessed by children or teenagers.

Specifically, the bill requires children's digital services to obtain express, affirmative consent that is specific, informed, and unambiguous before processing certain personal information of a child or teenager under the age of 18. The bill also prohibits the operator of a children's service from using information in a harmful manner or in a way that has been shown to be detrimental to the well-being of children and teenagers. Teenagers or the parents of children are allowed to access, correct, or delete personal information.

A service likely to be used by children or teenagers is prohibited from using information for the purpose of targeted advertisements or marketing to a specific child or teenager (or group of children or teenagers) based on specified information or behavior. Regulations promulgated under the bill must require an operator to consider the best interests of children and teenagers when designing a service likely to be used by children or teenagers.

The bill increases the civil penalty for violations of children's online privacy protections and provides for enforcement by the Federal Trade Commission and a private right of action.