[Congressional Record Volume 169, Number 29 (Monday, February 13, 2023)]
[Senate]
[Page S353]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Mr. Blumenthal, and Ms. Hirono):
S. 395. A bill to amend the Children's Online Privacy Protection Act
of 1998 to give Americans the option to delete personal information
collected by internet operators as a result of the person's internet
activity prior to age 13; to the Committee on Commerce, Science, and
Transportation.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 395
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Slate for Kids Online
Act of 2023''.
SEC. 2. ENHANCING THE CHILDREN'S ONLINE PRIVACY PROTECTION
ACT OF 1998.
(a) Definitions.--Section 1302 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended by
adding at the end the following:
``(13) Delete.--The term `delete' means to remove personal
information such that the information is not maintained in
retrievable form and cannot be retrieved in the normal course
of business.''.
(b) Regulation of Unfair and Deceptive Acts and Practices
in Connection With the Collection and Use of Personal
Information From and About Children on the Internet.--Section
1303 of the Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6502) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Failure to delete.--It is unlawful for an operator of
a website or online service directed to children, or any
operator that has actual knowledge that it is collecting
personal information from a child, to fail to delete personal
information collected from or about a child if a request for
deletion is made pursuant to regulations prescribed under
subsection (e).''; and
(2) by adding at the end the following:
``(e) Right of an Individual To Delete Personal Information
Collected When the Person Was a Child.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Commission shall promulgate
under section 553 of title 5, United States Code, regulations
that require the operator of any website or online service
directed to children, or any operator that has actual
knowledge that it has collected personal information from a
child or maintains such personal information--
``(A) to provide notice in a prominent place on the website
of how an individual over the age of 13, or a legal guardian
of an individual over the age of 13 acting with the knowledge
and consent of the individual, can request that the operator
delete all personal information in the possession of the
operator that was collected from or about the individual when
the individual was a child notwithstanding any parental
consent that may have been provided when the individual was a
child;
``(B) to promptly delete all personal information in the
possession of the operator that was collected from or about
an individual when the individual was a child when such
deletion is requested by an individual over the age of 13 or
by the legal guardian of such individual acting with the
knowledge and consent of the individual, notwithstanding any
parental consent that may have been provided when the
individual was a child;
``(C) to provide written confirmation of deletion, after
the deletion has occurred, to an individual or legal guardian
of such individual who has requested such deletion pursuant
to this subsection; and
``(D) to except from deletion personal information
collected from or about a child--
``(i) only to the extent that the personal information is
necessary--
``(I) to respond to judicial process; or
``(II) to the extent permitted under any other provision of
law, to provide information to law enforcement agencies or
for an investigation on a matter related to public safety;
and
``(ii) if the operator retain such excepted personal
information for only as long as reasonably necessary to
fulfill the purpose for which the information has been
excepted and that the excepted information not be used,
disseminated or maintained in a form retrievable to anyone
except for the purposes specified in this subparagraph.''.
(c) Safe Harbors.--Section 1304 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended--
(1) in subsection (a), by striking ``section 1303(b)'' and
inserting ``subsections (b) and (e) of section 1303''; and
(2) in subsection (b)(1), by striking ``subsection (b)''
and inserting ``subsections (b) and (e)''.
(d) Actions by States.--Section 1305(a)(1) of the
Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6504(a)(1)) is amended by striking ``1303(b)'' and inserting
``subsection (b) or (e) of section 1303''.
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