Overview
The Internet and new technologies continually raise new policy questions about privacy. State lawmakers have dealt with an array of privacy issues related to online activities.
This web page documents state laws in a limited number of areas: website privacy policies, privacy of online book downloads and reader browsing information, personal information held by Internet service providers, online marketing of certain products directed to minors, and employee email monitoring. Additional
digital privacy resources
also are available from NCSL. In addition, other types of state laws address privacy issues and can also apply to online activities.
Children’s Online Privacy
California
Calif. Bus. & Prof. Code §§
22580-22582
California’s Privacy Rights for California Minors in the Digital World Act, also called the “eraser” bill, permits minors to remove, or to request and obtain removal of, content or information posted on an Internet Web site, online service, online application, or mobile application. It also prohibits an operator of a Web site or online service directed to minors from marketing or advertising to minors specified products or services that minors are legally prohibited from buying. The law also prohibits marketing or advertising certain products based on personal information specific to a minor or knowingly using, disclosing, compiling, or allowing a third party to do so.
Delaware
Del. Code
§
1204C
Prohibits operators of websites, online or cloud computing services, online applications, or mobile applications directed at children from marketing or advertising on its Internet service specified products or services inappropriate for children’s viewing, such as alcohol, tobacco, firearms, or pornography. When the marketing or advertising on an Internet service directed to children is provided by an advertising service, the operator of the Internet service is required to provide notice to the advertising service, after which time the prohibition on marketing and advertising the specified products or services applies to the advertising service directly. The law also prohibits an operator of an Internet service who has actual knowledge that a child is using the Internet service from using the child’s personally identifiable information to market or advertise the products or services to the child, and also prohibits disclosing a child’s personally identifiable information if it is known that the child’s personally identifiable information will be used for the purpose of marketing or advertising those products or services to the child.