The New Jersey Kids Code Act establishes the Age-Appropriate Design Code, which requires online service providers to implement measures aimed at protecting the privacy of minors on their platforms. The legislation highlights the adverse effects of social media on youth mental health and mandates that online products be designed with the specific needs of different age groups in mind. Key provisions include the definition of terms such as "consent," "personal data," and "sensitive data," along with strict guidelines for obtaining consent from minors. The bill also places limitations on data collection and processing, particularly concerning sensitive data, and prohibits the processing of personal data of known minors unless certain conditions are met.
Additionally, the bill amends existing data privacy laws, specifically updating definitions under N.J.S.A.56:8-166.4, and establishes that violations will be deemed unfair and deceptive acts under the New Jersey Consumer Fraud Act. It requires covered online service providers to maintain the highest default privacy settings for minors, restrict direct messaging with adults, and disable search engine indexing of minors' accounts unless permitted. The legislation also mandates annual reporting on practices related to minors and outlines the responsibilities of the Attorney General to enforce these provisions. The act is set to take effect on July 1 of the calendar year following its enactment.
Statutes affected: Introduced: 56:8-166.4, 56:8-166.12