The proposed bill, S. 268, seeks to enhance the protection of minors using online services in South Carolina by establishing a new Chapter 80 in Title 39 of the South Carolina Code of Laws. It requires covered online services to exercise reasonable care in handling minors' personal data and designing their platforms to mitigate risks such as compulsive usage, psychological distress, and identity theft. Key provisions include the implementation of tools for minors to manage their time on the service, control the visibility of their personal data, and limit targeted advertising. Additionally, online services must adopt default settings that prioritize minors' safety and provide parents with resources to oversee their children's online activities.
The bill also mandates that covered online services submit an annual public report to the Attorney General, detailing their practices concerning minors, including accessibility, user demographics, and data handling. Independent auditors are required to verify the accuracy of these reports, and the Attorney General is responsible for enforcing compliance. Violations can result in treble damages and personal liability for officers and employees in cases of willful misconduct. The legislation clarifies that its requirements are supplementary to existing laws, ensuring that any conflicting laws offering greater protection to minors take precedence, and includes a severability clause to maintain the validity of the remaining sections if any part is deemed unconstitutional. The act will take effect upon the Governor's approval.