Bill Summary for S 869 (2021-2022)

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Summary date: 

May 27 2022

Bill Information:

View NCGA Bill Details2021
Senate Bill 869 (Public) Filed Thursday, May 26, 2022
Intro. by Craven, Ballard, Krawiec.

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Bill summary

Enacts Article 9, GS Chapter 75 to be cited as the Let Parents Choose Protection Act of 2022 or Sammy's Law of 2022. States legislative findings and defines seven terms. Requires large social media platform provider, as defined, with users in the State to create, maintain, and make available to any third-party safety software provider registered to do business in the State a set of third-party accessible real-time application programming interfaces and any information necessary to use the interfaces. Defines large social media platform as a website or online application that allows for use by a child, includes features that allow a child to share images, text, or video with other users with persons the child has met solely through the service, and has over 1 million monthly active users in the US or generates more than $500 million in annual gross revenue; provides for exclusions. 

Provides for availability of the interfaces upon request of the third-party safety software provider in order to facilitate a child of at least 13 years or a legal guardian of a minor to delegate permission to the third-party safety software provider for two tasks: (1) managing the child's online interactions, content, and account settings on the large social media platform on terms designated by the child or the legal guardian of a child; and (2) initiating secure transfers of user data from the large social media platform in a commonly used and machine-readable format to the third-party safety software provider; prohibits the social media platform provider from limiting the transfers to less than once per hour.

Requires compliance with the requirements within 30 days of the date the platform meets the definition of a large social media platform and continues compliance until the platform no longer meets that definition, or delegation is revoked, the account is disabled, or the provider rejects the delegation. Generally prohibits disclosure of user data by a third-party safety software provider, with five limited exceptions specified, including disclosure to a lawful request from a governing body. Requires the provider to notify the parent or legal guardian of the child that disclosure has been or will be made for certain disclosures pursuant to state law or involving the health or safety of the individual, unless that notice would place the child at risk or is prohibited by law as described. Provides for enforcement of the Article as an unfair and deceptive trade practice under GS 75-1.1.

Appropriates $10,000 from the General Fund to the Division of Child and Family Well-Being, Department of Health and Human Services for 2022-23 to create and disseminate educational materials relating to monitoring social media use by children. 

Effective July 1, 2022. Provides for the act's requirements of large social media platform providers to apply beginning 30 days thereafter.