SF 2236 (LSB 5606XS (6) 88)

SENATE FILE 2236

BY  NUNN

A BILL FOR

An Act  relating to the removal of internet content upon request, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  715D.1  Title.
   This chapter shall be known and may be cited as the “Right to be Forgotten Act”.
    Sec. 2.  NEW SECTION.  715D.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Content of minimal value” means information related to an individual that is inaccurate, irrelevant, inadequate, or excessive. “Content of minimal value” includes information which, after a significant lapse in time from its first publication, is no longer material to current public debate or discourse, especially when considered in light of the demonstrable harm the information is causing or may cause to an individual’s professional, financial, reputational, or other interest. “Content of minimal value” does not include information related to criminal convictions, potential or pending litigation relating to a violent crime, or a matter that is of significant current public interest.
   2.  “Internet site” means the same as defined in section 4.1.
   3.  “Operator” means an internet search engine owner, an internet site indexer, or any person who owns an internet site.
    Sec. 3.  NEW SECTION.  715D.3  Removal of content of minimal value.
   1.  An individual may request that an operator remove information the individual contends is content of minimal value related to the individual from the operator’s search engine, index, or internet site.
   2.  Within thirty days after receipt of a request made pursuant to subsection 1, an operator shall do one of the following:
   a.  Remove the content of minimal value subject to the request from its search engine, index, or internet site, including all links to such content.
   b.  Notify the individual the information will not be removed based on a determination by the operator that the information is not content of minimal value and the rationale for making that determination.
   3.  An operator shall not replace content of minimal value that is removed pursuant to subsection 2, paragraph “a”, with any hyperlink, replacement notice, information, or other content indicating the removal of the content.
    Sec. 4.  NEW SECTION.  715D.4  Enforcement.
   An operator who fails to remove information the attorney general determines to be content of minimal value, and links to such, within thirty days after receipt of a request made pursuant to subsection 1, or who violates subsection 2 or 3, commits an unlawful practice pursuant to section 714.16.
    Sec. 5.  Section 614.1, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  15.  Removal of content of minimal value.  An action for damages for injury suffered as a result of a violation of section 715D.3 shall be brought within five years of the date the individual requested that an operator remove content of minimal value from the operator’s search engine, index, or internet site.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates a right to be forgotten Act authorizing individuals to request certain content be removed from the internet.
   The bill defines “content of minimal value” to mean information that is inaccurate, irrelevant, inadequate, or excessive. This includes information which, after a significant lapse in time from its first publication, is no longer material to current public debate or discourse, especially when considered in light of the demonstrable harm the information is causing or may cause to an individual’s professional, financial, reputational, or other interest. However, “content of minimal value” does not include information related to criminal convictions, litigation relating to a violent crime, or a matter that is of significant current public interest.
   The bill defines “internet site” by reference to Code section 4.1, which states the term means a specific location on the internet that is determined by internet protocol numbers, by a domain name, or by both, including but not limited to domain names that use the designations “.com”, “.edu”, “.gov”, “.org”, and “.net”.
   The bill defines “operator” to mean an internet search engine owner, an internet site indexer, or any person who owns an internet site. 
   The bill authorizes an individual to request that an operator remove information the individual contends is content of minimal value related to the individual from the operator’s search engine, index, or internet site. The operator is required to remove the content within 30 days after receipt of the request, if the operator determines the information is content of minimal value. If, however, the operator determines the information is not content of minimal value, the operator is required to notify the individual within 30 days that the information will not be removed and why the information has been determined by the operator not to be content of minimal value. Moreover, the operator is not to replace the content of minimal value that is removed with any hyperlink, replacement notice, information, or other content indicating the removal of the content of minimal value.
   An operator commits an unlawful practice pursuant to Code section 714.16 if the operator does any of the following: fails to remove information the attorney general determines to be content of minimal value, along with links to the content, within the 30-day period following a request for such removal; fails to notify the individual as to why the information will not be removed within the 30-day period; or replaces the content of minimal value that was removed with an indication of its removal. Several types of remedies are available if a court finds that a person has committed an unlawful practice, including injunctive relief, disgorgement of moneys or property, and a civil penalty not to exceed $40,000 per violation.
   An action for damages for injury suffered as a result of a violation of the bill’s provisions shall be brought within five years of the date the individual requested that an operator remove content of minimal value from the operator’s search engine, index, or internet site.