[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 395 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 395
To amend the Children's Online Privacy Protection Act of 1998 to give
Americans the option to delete personal information collected by
internet operators as a result of the person's internet activity prior
to age 13.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2023
Mr. Durbin (for himself, Mr. Blumenthal, and Ms. Hirono) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Children's Online Privacy Protection Act of 1998 to give
Americans the option to delete personal information collected by
internet operators as a result of the person's internet activity prior
to age 13.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Slate for Kids Online Act of
2023''.
SEC. 2. ENHANCING THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998.
(a) Definitions.--Section 1302 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501) is amended by adding at the end
the following:
``(13) Delete.--The term `delete' means to remove personal
information such that the information is not maintained in
retrievable form and cannot be retrieved in the normal course
of business.''.
(b) Regulation of Unfair and Deceptive Acts and Practices in
Connection With the Collection and Use of Personal Information From and
About Children on the Internet.--Section 1303 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Failure to delete.--It is unlawful for an operator of
a website or online service directed to children, or any
operator that has actual knowledge that it is collecting
personal information from a child, to fail to delete personal
information collected from or about a child if a request for
deletion is made pursuant to regulations prescribed under
subsection (e).''; and
(2) by adding at the end the following:
``(e) Right of an Individual To Delete Personal Information
Collected When the Person Was a Child.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Commission shall promulgate
under section 553 of title 5, United States Code, regulations
that require the operator of any website or online service
directed to children, or any operator that has actual knowledge
that it has collected personal information from a child or
maintains such personal information--
``(A) to provide notice in a prominent place on the
website of how an individual over the age of 13, or a
legal guardian of an individual over the age of 13
acting with the knowledge and consent of the
individual, can request that the operator delete all
personal information in the possession of the operator
that was collected from or about the individual when
the individual was a child notwithstanding any parental
consent that may have been provided when the individual
was a child;
``(B) to promptly delete all personal information
in the possession of the operator that was collected
from or about an individual when the individual was a
child when such deletion is requested by an individual
over the age of 13 or by the legal guardian of such
individual acting with the knowledge and consent of the
individual, notwithstanding any parental consent that
may have been provided when the individual was a child;
``(C) to provide written confirmation of deletion,
after the deletion has occurred, to an individual or
legal guardian of such individual who has requested
such deletion pursuant to this subsection; and
``(D) to except from deletion personal information
collected from or about a child--
``(i) only to the extent that the personal
information is necessary--
``(I) to respond to judicial
process; or
``(II) to the extent permitted
under any other provision of law, to
provide information to law enforcement
agencies or for an investigation on a
matter related to public safety; and
``(ii) if the operator retain such excepted
personal information for only as long as
reasonably necessary to fulfill the purpose for
which the information has been excepted and
that the excepted information not be used,
disseminated or maintained in a form
retrievable to anyone except for the purposes
specified in this subparagraph.''.
(c) Safe Harbors.--Section 1304 of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6503) is amended--
(1) in subsection (a), by striking ``section 1303(b)'' and
inserting ``subsections (b) and (e) of section 1303''; and
(2) in subsection (b)(1), by striking ``subsection (b)''
and inserting ``subsections (b) and (e)''.
(d) Actions by States.--Section 1305(a)(1) of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6504(a)(1)) is amended by
striking ``1303(b)'' and inserting ``subsection (b) or (e) of section
1303''.
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