WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This chapter relates to protecting minorsMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 on social media.
This section establishes the scope of Chapter 11 as relating to protecting minors on social media. It creates no independent compliance obligation.
(1)–(8) The General Assembly finds and declares as follows: (1) Social media use among American teenagers is nearly universal. According to the Pew Research Center, 95% of teens report using YouTube and 67% of teens have used TikTok, with 16% using TikTok almost constantly. (2) According to the Pew Research Center, 54% of teens say it would be difficult to give up social media entirely. (3) Social media use is linked to negative feelings among teens. A growing body of research, described in the International Journal of Adolescence and Youth and elsewhere, has found that increased social media use is associated with greater rates of depression and anxiety in teens. Additional research published in the Children and Youth Services Review describes a trend in which social media use can trigger and accelerate offline violence. (4) Rates of suicide and self-harm among American teenagers have grown dramatically in recent years. The Centers for Disease Control and Prevention has found that, in 2021, three in five girls felt persistently sad and hopeless, while more than one in four girls reported seriously considering attempting suicide. These rates have increased significantly since 2011. (5) Federal and State policymakers are beginning to recognize the risks that social media use places on American youth. A number of recent policy proposals provide parents and guardians of teenagers with greater oversight over their children's social media use. (6) In May 2023, the United States Surgeon General released a health advisory finding that "more research is needed to fully understand the impact of social media; however, the current body of evidence indicates that while social media may have benefits for some children and adolescents, there are ample indicators that social media can also have a profound risk of harm to the mental health and well-being of children and adolescents." The advisory recommends a range of policies to consider, including "policies that further limit access - in ways that minimize the risk of harm - to social media for all children, including strengthening and enforcing age minimums." (7) In addition to empowering parents and guardians to protect children against these risks, policymakers are establishing mechanisms to hold social media companies accountable for harm to children and youth. (8) Greater oversight of social media platformsSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 will enable families in this Commonwealth to use online tools in a more productive and healthy fashion.
This section contains legislative findings regarding the prevalence of social media use among teenagers, associated mental health risks including rising rates of suicide and self-harm, and the policy rationale for greater oversight of social media platforms to protect minors. It creates no compliance obligations.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "AccountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103." Any means of registration by which an individual may engage in one or more functions of a social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103. "Dark patternDark pattern"Dark pattern." A user interface designed or manipulated with the effect of subverting or impairing user autonomy, decision making or choice. The term includes any practice the Federal Trade Commission categorizes as a dark pattern.50 Pa.C.S. § 1103." A user interface designed or manipulated with the effect of subverting or impairing user autonomy, decision making or choice. The term includes any practice the Federal Trade Commission categorizes as a dark patternDark pattern"Dark pattern." A user interface designed or manipulated with the effect of subverting or impairing user autonomy, decision making or choice. The term includes any practice the Federal Trade Commission categorizes as a dark pattern.50 Pa.C.S. § 1103. "DeleteDelete"Delete." To remove personal information such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business.50 Pa.C.S. § 1103." To remove personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business. "MineMine"Mine." The activity or process of searching through large amounts of information for specific data or patterns.50 Pa.C.S. § 1103." The activity or process of searching through large amounts of information for specific data or patterns. "MinorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age. "Online video gameOnline video game"Online video game." A video game that connects to the Internet and allows a user to do any of the following: (1) Create and upload content other than content that is incidental to game play, including character or level designs created by the user, preselected phrases or short interactions with other users. (2) Engage in microtransactions within the game. (3) Communicate with other users.50 Pa.C.S. § 1103." A video game that connects to the Internet and allows a user to do any of the following: (1) Create and upload content other than content that is incidental to game play, including character or level designs created by the user, preselected phrases or short interactions with other users. (2) Engage in microtransactions within the game. (3) Communicate with other users. "Personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103." As defined in 15 U.S.C. § 6501 (relating to definitions). "Personalized recommendation systemPersonalized recommendation system"Personalized recommendation system." A fully or partially automated system that is based on a user's historical activity data and which suggests, promotes or ranks information that is presented or displayed to users.50 Pa.C.S. § 1103." A fully or partially automated system that is based on a user's historical activity data and which suggests, promotes or ranks information that is presented or displayed to users. "School entitySchool entity"School entity." A school district, intermediate unit, area career and technical school, charter school or private residential rehabilitative institution.50 Pa.C.S. § 1103." A school district, intermediate unit, area career and technical school, charter school or private residential rehabilitative institution. "Social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103." A person that owns or operates one or more social media platformsSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103. "Social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103." A public or semipublic Internet-based service, application or online video gameOnline video game"Online video game." A video game that connects to the Internet and allows a user to do any of the following: (1) Create and upload content other than content that is incidental to game play, including character or level designs created by the user, preselected phrases or short interactions with other users. (2) Engage in microtransactions within the game. (3) Communicate with other users.50 Pa.C.S. § 1103 that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video gameOnline video game"Online video game." A video game that connects to the Internet and allows a user to do any of the following: (1) Create and upload content other than content that is incidental to game play, including character or level designs created by the user, preselected phrases or short interactions with other users. (2) Engage in microtransactions within the game. (3) Communicate with other users.50 Pa.C.S. § 1103 is to connect users in order to allow users to interact socially with each other within the service, application or online video gameOnline video game"Online video game." A video game that connects to the Internet and allows a user to do any of the following: (1) Create and upload content other than content that is incidental to game play, including character or level designs created by the user, preselected phrases or short interactions with other users. (2) Engage in microtransactions within the game. (3) Communicate with other users.50 Pa.C.S. § 1103, except that a service, application or online video gameOnline video game"Online video game." A video game that connects to the Internet and allows a user to do any of the following: (1) Create and upload content other than content that is incidental to game play, including character or level designs created by the user, preselected phrases or short interactions with other users. (2) Engage in microtransactions within the game. (3) Communicate with other users.50 Pa.C.S. § 1103 that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video gameOnline video game"Online video game." A video game that connects to the Internet and allows a user to do any of the following: (1) Create and upload content other than content that is incidental to game play, including character or level designs created by the user, preselected phrases or short interactions with other users. (2) Engage in microtransactions within the game. (3) Communicate with other users.50 Pa.C.S. § 1103 allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video gameOnline video game"Online video game." A video game that connects to the Internet and allows a user to do any of the following: (1) Create and upload content other than content that is incidental to game play, including character or level designs created by the user, preselected phrases or short interactions with other users. (2) Engage in microtransactions within the game. (3) Communicate with other users.50 Pa.C.S. § 1103. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.
This section defines key terms used throughout Chapter 11, including social media platform, social media company, minor (under 16 for this chapter, except Subchapter D), dark pattern, personalized recommendation system, and personal information (cross-referencing the federal COPPA definition at 15 U.S.C. § 6501). It creates no independent compliance obligation.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Hateful conductHateful conduct"Hateful conduct." The use of a social media platform to vilify, humiliate or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.50 Pa.C.S. § 1111." The use of a social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 to vilify, humiliate or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.
This section defines hateful conduct for purposes of Subchapter B as the use of a social media platform to vilify, humiliate, or incite violence against a group or class of persons on enumerated protected bases. It creates no independent compliance obligation.
(a) 1 Mechanism.--A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 that conducts business in this Commonwealth shall provide and maintain a clear and easily accessible mechanism for individual users to report incidents of hateful conductHateful conduct"Hateful conduct." The use of a social media platform to vilify, humiliate or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.50 Pa.C.S. § 1111. The mechanism shall meet all of the following criteria: (1) Be clearly accessible to users of the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 and easily accessed from other social media platformsSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103' applications and Internet websites. (2) Allow the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 to provide a direct response to a user reporting an incident of hateful conductHateful conduct"Hateful conduct." The use of a social media platform to vilify, humiliate or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.50 Pa.C.S. § 1111 for the purpose of informing the user on how the matter is being resolved.
(b) 2 Policies.--A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 shall have a clear and concise policy readily available and accessible on the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103's Internet website and application, which shall include how the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 will respond and address reports of incidents of hateful conductHateful conduct"Hateful conduct." The use of a social media platform to vilify, humiliate or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.50 Pa.C.S. § 1111 on the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103.
This section imposes two obligations on social media platforms operating in Pennsylvania. First, platforms must provide and maintain a clear, easily accessible mechanism for users to report incidents of hateful conduct, with the ability for the platform to respond directly to the reporting user. Second, platforms must publish a clear and concise policy on their website and application describing how the platform will respond to and address hateful conduct reports.
(1)–(2) Nothing in this subchapter shall be construed: (1) as an obligation imposed on a social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 that adversely affects the rights or freedoms of an individual, including the exercise of the right of free speech under the First Amendment to the Constitution of the United States; or (2) to add to or increase the liability of a social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 for any action other than the failure to provide a mechanism for a user to report an incident of hateful conductHateful conduct"Hateful conduct." The use of a social media platform to vilify, humiliate or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.50 Pa.C.S. § 1111 to the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 and to receive a response to the report from the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103.
This savings clause clarifies that Subchapter B shall not be construed to adversely affect individual rights including free speech under the First Amendment, and that platform liability under the subchapter is limited to failure to provide a reporting mechanism and respond to reports. It creates no new compliance obligation.
The Attorney General shall impose a fine on a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 that knowingly violates the provisions of this subchapter in an amount not to exceed $1,000 for each day the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 is in violation of this subchapter. In determining whether the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 is in violation of this subchapter, the Attorney General may take proof, consider the relevant facts and issue subpoenas in accordance with the laws and rules of civil procedure. A determination by the Attorney General under this section shall be subject to the provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
This section establishes the penalty framework for Subchapter B violations. The Attorney General may impose a fine of up to $1,000 per day on a social media company that knowingly violates the hateful conduct reporting requirements. The AG may take proof, consider relevant facts, and issue subpoenas. Determinations are subject to judicial review under the Administrative Agency Law. This is an enforcement provision that creates no independent compliance obligation.
This subchapter shall apply to accountsAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 opened on or after the effective date of this section.
This section limits Subchapter C to accounts opened on or after the effective date of the section. It creates no independent compliance obligation.
3 Utilizing commercially available best practices, a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 shall make commercially reasonable efforts to verify the age of users upon the creation of an accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103, with a level of certainty appropriate to the risks that arise from the information management practices of the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103, or apply the accommodations afforded to minorsMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 under this chapter to all accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 holders.
This section requires social media companies to make commercially reasonable efforts to verify the age of users at account creation, using commercially available best practices and with a level of certainty appropriate to the company's information management risk profile. As an alternative, a company may apply all minor accommodations to all account holders.
(a) 4 Required consent.--A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 may not permit a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 residing in this Commonwealth to become an accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 holder on a social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 unless the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 has the express consent of the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian. A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 may obtain express consent from a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian through any of the following means: (1) By providing a completed form from a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian to sign and return to the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 via mail or electronic means. (2) Through a toll-free telephone number for a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian to call. (3) Allowing a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian to provide consent by responding to an email. (4) Any other commercially reasonable methods of obtaining consent in light of available technology.
(b) 5 Documentation.--A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 shall maintain documentation as to the manner in which the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 has obtained express consent from a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian. The social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 may deleteDelete"Delete." To remove personal information such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business.50 Pa.C.S. § 1103 the documentation when the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 is no longer a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 or within the established time frame by the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 for maintaining data. The Office of Attorney General shall develop a standard form with the necessary information to allow a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian to provide consent under this section.
(c) 6 Social media companies.--A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 shall post in a conspicuous place on each of the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103's social media platformsSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 notice that express consent by a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian shall be required prior to opening an accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103. An electronic consent form on a social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 for the purposes of this section shall include the necessary information on the form developed by the Office of Attorney General under subsection (b).
(d) 7 Failure to obtain consent.--To the extent possible, if a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 opens a social media accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 without express consent by the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian, the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 shall, within a reasonable time after discovery of the failure to obtain the express consent: (1) suspend the social media accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103; and (2) notify the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian that the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 has attempted to open a social media accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 without their consent.
(e) 8 Social media access.--To the extent possible, a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 shall provide a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian who has given express consent for the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 to become an accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 holder with a means for the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian to initiate accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 supervision. AccountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 supervision may include: (1) allowing the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian the ability to view privacy settings of the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103; and (2) allowing a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 the option of providing notifications to the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian if the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 reports a person or an issue to the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103.
(f) 8 Notification.--A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 shall provide clear notice to the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 on the features of the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 to which the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian may have access.
(g) 4 No accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 required.--A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 may not require a parent or legal guardian to have the parent or legal guardian's own accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 as a condition of a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 being able to open an accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103.
(h) 6 Notice of alleged violation.--A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 shall develop and post notice on its publicly accessible Internet website of the methods, including electronic and telephonic means, by which a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian may notify the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 that the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 has opened a social media accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 on its social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 without the required consent.
This is the central consent-and-parental-oversight section of Subchapter C. It requires social media companies to obtain express parental or guardian consent before allowing a minor under 16 to open an account, through enumerated or commercially reasonable consent methods. Companies must maintain consent documentation, post conspicuous notice of the consent requirement, and use the AG-developed standard form. If a minor opens an account without consent, the company must suspend the account and notify the parent. Companies must provide parental supervision tools including privacy-setting visibility and optional report notifications. The platform must notify minors of which account features parents can access, and must not require parents to hold their own account as a prerequisite. Companies must also post notice of methods by which parents may report unconsented accounts.
(a) 9 Time.--A minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian who has provided express consent under this subchapter may revoke the consent at any time.
(b)(1)–(2) 9 Duties of social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103.-- (1) A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 shall take reasonable steps to provide a parent or legal guardian who has provided express consent for a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 to open a social media accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 with the ability to revoke the consent. (2) A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 that receives a revocation of consent under subsection (a) shall, to the extent possible, within a reasonable time frame from receipt of the revocation, suspend, deleteDelete"Delete." To remove personal information such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business.50 Pa.C.S. § 1103 or disable the account of the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 for whom consent was revoked.
This section grants parents and guardians the right to revoke consent at any time. Social media companies must take reasonable steps to provide the ability to revoke and, upon receiving revocation, must suspend, delete, or disable the minor's account within a reasonable timeframe.
(a)–(d) Action.--The Attorney General shall have jurisdiction to bring an action against a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 that knowingly, intentionally or negligently allows for a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 to open a social media accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 without express consent of the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian. The Attorney General may bring multiple cases at one time against a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 for violations of this chapter. (b) Civil penalties.-- (1) For a first offense for an action brought on behalf of a single minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103, a civil penalty not to exceed $2,500. (2) For a second offense for an action brought on behalf of the same single minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 under paragraph (1), a civil penalty not to exceed $5,000. (3) For a third or subsequent offense for an action brought on behalf of the same single minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 under paragraph (1), a civil penalty not to exceed $50,000. (4) For a first offense for an action brought on behalf of multiple minorsMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103, a civil penalty not to exceed the greater of $5,000,000 or the total number of violations multiplied by the maximum civil penalty under paragraph (1). (5) If a court of competent jurisdiction determines that there have been repeated intentional violations of this chapter by a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103, the court may enter an order enjoining the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 from operating in this Commonwealth. (c) Use of recovered civil penalties.--Civil penalties collected under subsection (b) shall be deposited into the School Safety and Security Fund to be used exclusively for mental health-related services for school entities. (d) Good faith.--It shall be a defense to an action under subsection (a) if a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 allows for the creation or opening of an accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 for a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 based on a good faith belief that the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 has obtained the express consent required under this subchapter.
This section establishes the enforcement framework for Subchapter C. The Attorney General has jurisdiction to bring actions against social media companies that knowingly, intentionally, or negligently allow a minor to open an account without parental consent. Civil penalties escalate by offense and by whether the action covers a single or multiple minors, up to the greater of $5,000,000 or violations × $2,500. Repeated intentional violations may result in an injunction barring operation in Pennsylvania. Civil penalties are deposited into the School Safety and Security Fund for mental health services. A good-faith defense is available. This section is an enforcement-only provision creating no independent compliance duty.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "MinorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103." An individual who is under 18 years of age. "Precise geolocationPrecise geolocation"Precise geolocation." Data that is derived from a device and used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet.50 Pa.C.S. § 1131." Data that is derived from a device and used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet. "ProcessProcess"Process" or "processing." To conduct or direct an operation or a set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, including the collection, use, storage, disclosure, analysis, deletion, modification or otherwise handling of personal data.50 Pa.C.S. § 1131" or "processing." To conduct or direct an operation or a set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, including the collection, use, storage, disclosure, analysis, deletion, modification or otherwise handling of personal data. "Qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131." Any of the following: (1) A parent or guardian of a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103. (2) An adult individual from whom data was collected when the individual was a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103. "SaleSale"Sale" or "sell." The exchange of personal information for monetary consideration by the business to a third party. The term does not include: (1) The disclosure of personal information to a processor that processes the personal information on behalf of the business. (2) The disclosure of personal information to a third party for purposes of providing a product or service requested by the consumer. (3) The disclosure or transfer of personal information to an affiliate of the business. (4) The disclosure of information that the consumer: (i) intentionally made available to the general public via a channel of mass media; and (ii) did not restrict to a specific audience. (5) The disclosure or transfer of personal information to a third party as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the third party assumes control of all or part of the business's assets.50 Pa.C.S. § 1131" or "sell." The exchange of personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 for monetary consideration by the business to a third partyThird party"Third party." An individual or legal entity, public authority, agency or body, other than the consumer, business or processor or an affiliate of the processor or the business.50 Pa.C.S. § 1131. The term does not include: (1) The disclosure of personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 to a processor that processesProcess"Process" or "processing." To conduct or direct an operation or a set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, including the collection, use, storage, disclosure, analysis, deletion, modification or otherwise handling of personal data.50 Pa.C.S. § 1131 the personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 on behalf of the business. (2) The disclosure of personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 to a third partyThird party"Third party." An individual or legal entity, public authority, agency or body, other than the consumer, business or processor or an affiliate of the processor or the business.50 Pa.C.S. § 1131 for purposes of providing a product or service requested by the consumer. (3) The disclosure or transfer of personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 to an affiliate of the business. (4) The disclosure of information that the consumer: (i) intentionally made available to the general public via a channel of mass media; and (ii) did not restrict to a specific audience. (5) The disclosure or transfer of personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 to a third partyThird party"Third party." An individual or legal entity, public authority, agency or body, other than the consumer, business or processor or an affiliate of the processor or the business.50 Pa.C.S. § 1131 as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the third partyThird party"Third party." An individual or legal entity, public authority, agency or body, other than the consumer, business or processor or an affiliate of the processor or the business.50 Pa.C.S. § 1131 assumes control of all or part of the business's assets. "Targeted advertisingTargeted advertising"Targeted advertising." The displaying of advertisements to a consumer where the advertisement is selected based on personal information obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict such consumer's preferences or interests. The term does not include: (1) advertisements based on activities within a social media company's own websites or online applications; (2) advertisements based on the context of a consumer's current search query, visit to a website or online application; (3) advertisements directed to a consumer in response to the consumer's request for information or feedback; or (4) processing personal information processed solely for measuring or reporting advertising performance, reach or frequency.50 Pa.C.S. § 1131." The displaying of advertisements to a consumer where the advertisement is selected based on personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict such consumer's preferences or interests. The term does not include: (1) advertisements based on activities within a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103's own websites or online applications; (2) advertisements based on the context of a consumer's current search query, visit to a website or online application; (3) advertisements directed to a consumer in response to the consumer's request for information or feedback; or (4) processing personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 processed solely for measuring or reporting advertising performance, reach or frequency. "Third partyThird party"Third party." An individual or legal entity, public authority, agency or body, other than the consumer, business or processor or an affiliate of the processor or the business.50 Pa.C.S. § 1131." An individual or legal entity, public authority, agency or body, other than the consumer, business or processor or an affiliate of the processor or the business.
This section defines terms for Subchapter D, including a higher age threshold for minor (under 18, compared to under 16 for the rest of the chapter), precise geolocation, process, qualified individual, sale (with five enumerated carve-outs), targeted advertising (with four enumerated carve-outs), and third party. It creates no independent compliance obligation.
(a) 10 Mining.--A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 may not mineMine"Mine." The activity or process of searching through large amounts of information for specific data or patterns.50 Pa.C.S. § 1103 data related to a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 who has opened a social media accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103, notwithstanding if the accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 was opened with the express consent of the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian. This subsection shall not apply to any of the following: (1) Data regarding age and location for purposes of personalized recommendations related to age-appropriate content. (2) The mining of data necessary to protect minorsMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 from viewing harmful content. (3) Mining of data which is adequate, relevant and reasonably necessary in relation to the purpose for which the data is processed, as disclosed.
(b) 11 Sale of data.--A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 may not sell or profit from personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 related to a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 who has opened a social media accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103, or engage in targeted advertisingTargeted advertising"Targeted advertising." The displaying of advertisements to a consumer where the advertisement is selected based on personal information obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict such consumer's preferences or interests. The term does not include: (1) advertisements based on activities within a social media company's own websites or online applications; (2) advertisements based on the context of a consumer's current search query, visit to a website or online application; (3) advertisements directed to a consumer in response to the consumer's request for information or feedback; or (4) processing personal information processed solely for measuring or reporting advertising performance, reach or frequency.50 Pa.C.S. § 1131 based on a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's age, gender or interests, notwithstanding if the accountAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 was opened with the express consent of a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103's parent or legal guardian.
(c) 12 Personalized recommendations.--A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 may provide a prominent, accessible and responsive tool for a user who is a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 to opt in to the use of search and watch history for use in personalized recommendation systemsPersonalized recommendation system"Personalized recommendation system." A fully or partially automated system that is based on a user's historical activity data and which suggests, promotes or ranks information that is presented or displayed to users.50 Pa.C.S. § 1103. A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 may not use a personalized recommendation systemPersonalized recommendation system"Personalized recommendation system." A fully or partially automated system that is based on a user's historical activity data and which suggests, promotes or ranks information that is presented or displayed to users.50 Pa.C.S. § 1103 unless a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 opts in.
(d) 13 Processing by default.--A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 may not processProcess"Process" or "processing." To conduct or direct an operation or a set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, including the collection, use, storage, disclosure, analysis, deletion, modification or otherwise handling of personal data.50 Pa.C.S. § 1131 the precise geolocationPrecise geolocation"Precise geolocation." Data that is derived from a device and used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet.50 Pa.C.S. § 1131 information of a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 by default unless the processing of the precise geolocationPrecise geolocation"Precise geolocation." Data that is derived from a device and used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet.50 Pa.C.S. § 1131 information: (1) is strictly necessary for the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 to provide the service, product or feature requested by the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 consumer; or (2) is only for the amount of time necessary to provide the service, product or feature.
(e) 13 Conspicuous signal.--A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 may not processProcess"Process" or "processing." To conduct or direct an operation or a set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, including the collection, use, storage, disclosure, analysis, deletion, modification or otherwise handling of personal data.50 Pa.C.S. § 1131 the precise geolocationPrecise geolocation"Precise geolocation." Data that is derived from a device and used or intended to be used to locate a consumer within a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet.50 Pa.C.S. § 1131 information of a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 without providing a conspicuous signal to the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 consumer for the duration of the processing.
(f) 14 Dark patternsDark pattern"Dark pattern." A user interface designed or manipulated with the effect of subverting or impairing user autonomy, decision making or choice. The term includes any practice the Federal Trade Commission categorizes as a dark pattern.50 Pa.C.S. § 1103.--A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 may not use dark patternsDark pattern"Dark pattern." A user interface designed or manipulated with the effect of subverting or impairing user autonomy, decision making or choice. The term includes any practice the Federal Trade Commission categorizes as a dark pattern.50 Pa.C.S. § 1103.
(g) 15 Unknown adult contact.--A social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 may not permit, by default, an unknown adult to contact a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 consumer on the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 without the minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 consumer first initiating the contact.
This section contains the bill's core data-protection prohibitions applicable to minors under 18. It prohibits data mining of minors (with narrow carve-outs for age-appropriate content, harmful content protection, and purpose-limited processing), prohibits selling minor personal information or engaging in targeted advertising based on a minor's age, gender, or interests, requires opt-in consent before using personalized recommendation systems for minors, restricts default processing of minor precise geolocation data, requires a conspicuous signal during geolocation processing, prohibits dark patterns, and prohibits unknown adults from contacting minors by default.
(a)–(d) Actions.--The Attorney General shall have jurisdiction to bring an action against a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 that knowingly, intentionally or negligently violates a prohibition under section 1132 (relating to prohibitions). (b) Civil penalties.-- (1) For a first offense for an action brought on behalf of a single minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103, a civil penalty not to exceed $10,000. (2) For a second offense for an action brought on behalf of the same single minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 under paragraph (1), a civil penalty not to exceed $50,000. (3) For a third or subsequent offense for an action brought on behalf of the same single minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 under paragraph (1), a civil penalty not to exceed $500,000. (4) For a first offense for an action brought on behalf of multiple minorsMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103, a civil penalty not to exceed the greater of $50,000,000 or the total number of violations multiplied by the maximum civil penalty under paragraph (1). (5) For a violation of paragraphs (1), (2), (3) and (4), a court of competent jurisdiction may order data collected as a result of a violation of a prohibition under section 1132 to be scrubbed and removed from the Internet. The cost of removal shall be paid by the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103. (6) If a court of competent jurisdiction determines that there has been repeated intentional violations of a prohibition under section 1132 by a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103, the court may prohibit the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 from operating accountsAccount"Account." Any means of registration by which an individual may engage in one or more functions of a social media platform.50 Pa.C.S. § 1103 for minorsMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 in this Commonwealth. (c) Use of recovered civil penalties.--Civil penalties collected under this section shall be deposited into the School Safety and Security Fund to be used for mental-health-related services for school entities. (d) Good faith.--It shall be a defense to an action under subsection (a) if a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 takes good faith actions to limit the personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 mined from a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 or acts in good faith to prohibit the sale of personal information of a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103.
This section establishes the enforcement framework for Subchapter D data prohibitions. The Attorney General has jurisdiction over knowing, intentional, or negligent violations. Civil penalties escalate up to $500,000 per minor for third-plus offenses, and up to the greater of $50,000,000 or violations × $10,000 for multi-minor first offenses. Courts may order data scrubbing at the company's cost and may prohibit repeated intentional violators from operating minor accounts in Pennsylvania. Civil penalties are deposited into the School Safety and Security Fund. A good-faith defense is available. This is an enforcement provision that creates no independent compliance duty.
(a) 16 ProcessProcess"Process" or "processing." To conduct or direct an operation or a set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, including the collection, use, storage, disclosure, analysis, deletion, modification or otherwise handling of personal data.50 Pa.C.S. § 1131.--In response to a request from a qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131, a social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 shall provide the individual the ability to correct or deleteDelete"Delete." To remove personal information such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business.50 Pa.C.S. § 1103 personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 that the qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131 has provided to the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 or that the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 obtained about the qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131. De-identified information may be considered deleted for purposes of this subchapter.
(b) 16 Fulfilling requests.--To help fulfill requests from a qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131, a social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 may: (1) require the qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131 to reasonably identify the activities to which the qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131's request relates; and (2) provide automated tools that allow qualified individualsQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131 to correct or deleteDelete"Delete." To remove personal information such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business.50 Pa.C.S. § 1103 personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 under subsection (a).
(c) 17 Notice.--A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 that has mined or collected personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 from a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 or retains personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 about a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103 shall prominently display notice on the website of how a qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131 can request that the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 deleteDelete"Delete." To remove personal information such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business.50 Pa.C.S. § 1103 the personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 in the possession of the social media platformSocial media platform"Social media platform." A public or semipublic Internet-based service, application or online video game that has users in this Commonwealth and that meets all of the following criteria: (1) A primary function of the service, application or online video game is to connect users in order to allow users to interact socially with each other within the service, application or online video game, except that a service, application or online video game that provides email or direct messaging services, cloud computing or commercial transactions shall not be considered to meet this criterion solely on the basis of that function. (2) The service, application or online video game allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service, application or online video game. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms or through a landing page or main feed that presents the user with content generated by other users.50 Pa.C.S. § 1103 that was collected from or about the individual when the individual was a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103.
(d) 16 Deletion.--Upon a request of a qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131, a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 shall, no later than 30 days after the request, deleteDelete"Delete." To remove personal information such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business.50 Pa.C.S. § 1103 personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 in the possession of the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 that was mined or collected from or about the individual when the individual was a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103.
(e) 16 Confirmation.--Within 90 business days of personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 being deleted by the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103, the social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 shall provide, by written communication, notice to the qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131 that personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 has been deleted.
(f) Violations.--A social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 that fails to deleteDelete"Delete." To remove personal information such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business.50 Pa.C.S. § 1103 personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 when a request to deleteDelete"Delete." To remove personal information such that the information is not retrievable by anyone and cannot be retrieved in the normal course of business.50 Pa.C.S. § 1103 personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 is made by a qualified individualQualified individual"Qualified individual." Any of the following: (1) A parent or guardian of a minor. (2) An adult individual from whom data was collected when the individual was a minor.50 Pa.C.S. § 1131 shall be strictly liable for a civil penalty of $10,000 per day per website until the personal informationPersonal information"Personal information." As defined in 15 U.S.C. § 6501 (relating to definitions).50 Pa.C.S. § 1103 has been removed. If a social media companySocial media company"Social media company." A person that owns or operates one or more social media platforms.50 Pa.C.S. § 1103 has received consent from a parent or guardian to collect personal information of a minorMinor"Minor." Except as provided in section 1131 (relating to definitions), an individual who is under 16 years of age.50 Pa.C.S. § 1103, the consent shall be an absolute defense to a violation of this section. The Attorney General shall have exclusive jurisdiction to bring an action under this section.
This section grants qualified individuals (parents/guardians and adult former-minors) the right to correct or delete personal information collected from or about the individual when they were a minor. Social media platforms must provide deletion tools, prominently display notice on their website of how to request deletion, complete deletion within 30 days, and confirm deletion in writing within 90 business days. Failure to delete triggers strict liability of $10,000 per day per website. Prior parental consent to collect is an absolute defense. The Attorney General has exclusive enforcement jurisdiction.