The US Restricts Social Media to Protect Children Online
Recently, there have been growing concerns about children's safety and privacy online in the U.S. With the rise of social media platforms like TikTok, it has become increasingly easy for children to access inappropriate content and fall victim to online predators.
What Is the US Doing to Protect Children Online?
In response to concerns about the safety of children online, the U.S. government has already set out a number of plans to improve online safety such as requiring tech companies to be more transparent about how they collect and process children’s data and investing in data protection technology to help prevent online threats. However, the US government has recently gone to new lengths to protect children’s privacy.
Banning TikTok
The government threatened to completely ban TikTok, a popular social media platform widely used by young people. They expressed concerns that TikTok may be sharing user data with the Chinese government, which could threaten data privacy and national security. In the UK, the Information Commissioners Office is investigating a potential breach in protecting children’s privacy rights on TikTok due to the amount of data being processed without parental consent and the lack of transparency.
The U.S. threatened to ban the app unless it proves it is not sharing user data with foreign governments. Although the ban had to ultimately be halted due to legal challenges, it highlighted the government's increasing scrutiny of social media platforms and their handling of personal data.
Asking for Parental Consent
Another significant development in this area is the recent passing of a new law in Utah. Utah has become the first U.S. state to require social media companies to get parental consent before children can use their apps.
The new regulation, which was signed into law by Governor Spencer Cox on 15th March 2023, requires social media companies to obtain "affirmative, opt-in consent" from a parent or guardian before allowing children under the age of 13 to create an account on their platform and collect their personal information, including the child's name, address, phone number, and email address.
Kids Internet Design and Safety (KIDS) Act
Additionally, the US government has recently introduced a new Bill called the Kids Internet Design and Safety (KIDS) Act, which aims to strengthen online privacy protections for children. The KIDS Act will require companies to obtain parental consent before collecting personal information from children under 16 and will establish new requirements for companies to protect children's data.
What Does This Mean for Tech Companies?
While these restrictions are in place to protect children's privacy online, they also have significant implications for tech companies.
Companies will need to be more transparent when collecting personal data and provide clear and concise explanations of their data collection practices which should be detailed in their privacy policies including, how they use data, and with whom they share it. They should also provide easy-to-understand explanations of their use of cookies and other tracking technologies and an option to opt out of these.
In addition, tech companies should ensure that they have sufficient software and insurance in place to protect against cyber threats, especially if they hold a lot of information about child users, as there could be a risk that personal data is stolen and misused. Organisations can do this by regularly backing up data, having secure password policies, and educating staff members about the threats to personal information stored through the company’s computer systems and networks.
Furthermore, companies must comply with relevant laws and regulations, such as the Children's Online Privacy Protection Act (COPPA) in the U.S. and the General Data Protection Regulation (GDPR) in the EU. These laws define what constitutes personal information and require companies to obtain verifiable parental consent before collecting personal information from children under 13.
How Can Gerrish Legal Help?
Gerrish Legal is a dynamic digital law firm. We pride ourselves on giving high-quality and expert legal advice to our valued clients. We specialise in many aspects of digital law such as GDPR, data privacy, digital and technology law, commercial law, and intellectual property.
We give companies the support they need to successfully and confidently run their businesses whilst complying with legal regulations without the burdens of keeping up with ever-changing digital requirements.
We are here to help you, get in contact with us today for more information.