The bill HB 1650-FN introduces the Age-Appropriate Design Code Act, which aims to enhance the protection of minors' personal data in digital environments. It establishes clear definitions for terms such as "minor," "personal data," and "covered business," while outlining the responsibilities of the attorney general to enforce these regulations. The bill specifies that "personal data" excludes de-identified data and publicly available information, and it provides a detailed definition of "biometric data," excluding certain media types. Additionally, it amends RSA 359-C by inserting a new subdivision that includes definitions and provisions related to the Age-Appropriate Design Code, emphasizing the need for businesses to implement age assurance methods and design their online services with minors' safety in mind.
Furthermore, the bill imposes a "duty of care" on businesses processing minors' data, requiring them to prevent foreseeable emotional distress and ensure high default privacy settings. It mandates explicit consent from covered minors for interactions with adult users and prohibits the display of their location without consent. The legislation also introduces transparency requirements for businesses regarding their privacy policies and data handling practices. The Attorney General is tasked with enforcing these provisions, and the act is set to take effect on January 1, 2027. The bill is expected to incur indeterminable costs for state and local governments due to potential increases in prosecution and enforcement activities, with no revenue generated or appropriations authorized to cover these costs.