House File 712 - Introduced HOUSE FILE 712 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 526) A BILL FOR An Act relating to social media data collection regarding 1 children under eighteen years of age, providing civil 2 penalties, and including applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2249HV (1) 90 es/rn

H.F. 712 Section 1. NEW SECTION . 554G.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Child” means an individual younger than eighteen years 4 of age. 5 2. “Internet site” means the same as defined in section 4.1. 6 3. “Online contact information” means an electronic mail 7 address or any other substantially similar identifier that 8 permits direct contact with a person online, including but not 9 limited to an instant messaging user identifier, a voice over 10 internet protocol identifier, or a video chat user identifier. 11 4. “Personal information” means individually identifiable 12 information about a child collected online, including all of 13 the following: 14 a. First and last name. 15 b. Home or other physical address including street name and 16 name of a city or town. 17 c. Electronic mail address. 18 d. Telephone number. 19 e. Social security number. 20 f. Online contact information, or a screen or user name that 21 functions in the same manner as online contact information. 22 g. A persistent identifier that can be used to recognize a 23 user over time and across different internet sites or online 24 services, including but not limited to a customer number held 25 in a cookie, an internet protocol address, a processor or 26 device serial number, or unique device identifier. 27 h. A photograph, video, or audio file where such file 28 contains a child’s image or voice. 29 i. Geolocation information sufficient to identify street 30 name and name of a city or town. 31 j. Information concerning a child or the parents of that 32 child that an internet site collects online from the child and 33 combines with an identifier described in this subsection. 34 5. “Social media platform” means an internet site or 35 -1- LSB 2249HV (1) 90 es/rn 1/ 4

H.F. 712 application that is open to the public, allows a user to create 1 an account, and enables users to communicate with other users 2 for the primary purpose of posting information, comments, 3 messages, or images. The term does not include any of the 4 following: 5 a. An internet service provider. 6 b. Electronic mail. 7 c. An online service, application, or internet site that 8 consists primarily of news, sports, entertainment, or other 9 information or content preselected by the provider that 10 is not user-generated and where interactive functionality 11 is incidental to, directly related to, or dependent on the 12 provision of the content. 13 Sec. 2. NEW SECTION . 554G.2 Social media platform —— 14 prohibition on child data collection. 15 1. A social media platform shall not collect, use, or 16 disclose personal information from or regarding a child in 17 this state if the social media platform has actual knowledge 18 that the platform is collecting, using, or disclosing such 19 information, unless consent is obtained pursuant to subsection 20 2. 21 2. A social media platform shall obtain verifiable parental 22 consent prior to the collection, use, or disclosure of personal 23 information from or regarding a child in this state. 24 Sec. 3. NEW SECTION . 554G.3 Civil penalty. 25 A social media platform that violates section 554G.2 shall 26 be subject to a civil penalty of one thousand dollars per 27 violation. A penalty imposed pursuant to this section shall be 28 deposited in the general fund of the state. 29 Sec. 4. NEW SECTION . 554G.4 Enforcement. 30 The attorney general may bring a civil action under section 31 554G.2 on behalf of a child who resides in this state against a 32 social media platform. 33 Sec. 5. APPLICABILITY. This Act applies to the collection, 34 use, or disclosure of information by a social media platform 35 -2- LSB 2249HV (1) 90 es/rn 2/ 4

H.F. 712 operating on or after the effective date of this Act. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to social media data collection regarding 5 children under 18 years of age. 6 The bill defines “child”, “internet site”, “online contact 7 information”, “personal information”, and “social media 8 platform”. The bill defines “online contact information” to 9 mean an electronic mail address or any other substantially 10 similar identifier that permits direct contact with a person 11 online. The bill defines “personal information” to mean 12 individually identifiable information about a child collected 13 online, including the name, telephone number, social security 14 number, or geolocation information of a child. The bill 15 defines “social media platform” to mean an internet site or 16 application that is open to the public, allows a user to create 17 an account, and enables users to communicate with other users 18 for the primary purpose of posting information, comments, 19 messages, or images. 20 The bill prohibits a social media platform from collecting, 21 using, or disclosing personal information regarding a child 22 if the social media platform has actual knowledge that the 23 platform is collecting, using, or disclosing such information, 24 unless a social media platform first obtains verifiable 25 parental consent to the collection, use, or disclosure of such 26 personal information. 27 The bill provides for civil penalties. A social media 28 platform in violation of the bill’s provisions shall be subject 29 to a fine of $1,000 per violation. The fine shall be deposited 30 in the general fund of the state. 31 The bill provides that the attorney general may enforce the 32 provisions of the bill. 33 The bill applies to the collection, use, or disclosure of 34 information by a a social media platform operating in the state 35 -3- LSB 2249HV (1) 90 es/rn 3/ 4

H.F. 712 on or after the effective date of the bill. 1 -4- LSB 2249HV (1) 90 es/rn 4/ 4