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California AB 1949 (2024) - CCPA Amendments for Consumers Under 18 (Children's Data Privacy)

California AB 1949 (chaptered September 2024) amends the California Consumer Privacy Act to strengthen protections for personal information of consumers…

What California AB 1949 (2024) - CCPA Amendments for Consumers Under 18 (Children's Data Privacy) requires

California AB 1949 (chaptered September 2024) amends the California Consumer Privacy Act to strengthen protections for personal information of consumers under 18. The Act amends Civil Code Section 1798.100 to prohibit a business from collecting personal information of a consumer under 18 without affirmative consent when the business has actual knowledge of the consumer's age. Section 1798.120 is amended to prohibit selling or sharing personal information of consumers under 18 without consent. Section 1798.121 prohibits using or disclosing sensitive personal information of minors without affirmative consent. New Section 1798.139 requires a business to treat a consumer as under 18 when the consumer transmits a signal indicating that the consumer is less than 18 years of age. Consent flows are tiered: consumers 13-17 give personal consent; consumers under 13 require parental or guardian consent. The willful-disregard standard triggers the actual-knowledge presumption (a business cannot insulate itself by ignoring age signals it could reasonably detect).

Pillar: Data Protection & Privacy · Authority: California Privacy Protection Agency (CPPA) and California Office of the Attorney General · Version: 1.0.0 · Last updated:

Primary source: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1949

SHA-256 integrity: 17f19c568e7b7858c7351bd0d83649d317b46e1d655b8eeff353a14a25422b5c

Primary Citations — 5 traced to source

  • Civil Code Section 1798.100 paragraph (a) - A business shall not collect the personal information of a consumer if the business has actual knowledge that the consumer is less than 18 years of age unless the business has received the consent of the consumer or the consumer's parent or guardian as applicable
  • Civil Code Section 1798.120 paragraph (c) - A business shall not sell or share the personal information of a consumer if the business has actual knowledge that the consumer is less than 18 years of age unless the business has received the affirmative authorization of the consumer or the consumer's parent or guardian as applicable

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