H 210

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1H.210
2 Introduced by Representatives Priestley of Bradford, Marcotte of Coventry,
3Arsenault of Williston, Austin of Colchester, Berbeco of
4Winooski, Bos-Lun of Westminster, Bosch of Clarendon,
5Boutin of Barre City, Boyden of Cambridge, Brown of
6Richmond, Burke of Brattleboro, Burrows of West Windsor,
7Campbell of St. Johnsbury, Carris-Duncan of Whitingham,
8Casey of Montpelier, Chapin of East Montpelier, Cina of
9Burlington, Cole of Hartford, Cordes of Bristol, Donahue of
10Northfield, Duke of Burlington, Eastes of Guilford, Goldman of
11Rockingham, Graning of Jericho, Greer of Bennington, Harple
12of Glover, Headrick of Burlington, Holcombe of Norwich,
13Krasnow of South Burlington, Lalley of Shelburne, Lipsky of
14Stowe, Masland of Thetford, McCann of Montpelier, McGill of
15Bridport, Micklus of Milton, Mihaly of Calais, Minier of South
16Burlington, Mrowicki of Putney, Nugent of South Burlington,
17O’Brien of Tunbridge, Ode of Burlington, Olson of Starksboro,
18Pezzo of Colchester, Pouech of Hinesburg, Rachelson of
19Burlington, Satcowitz of Randolph, Sibilia of Dover, Stevens of
20Waterbury, Surprenant of Barnard, Tomlinson of Winooski,
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1Torre of Moretown, Waszazak of Barre City, and White of
2Bethel
3 Referred to Committee on
4 Date:
5 Subject: Commerce and trade; protection of personal information; privacy of
6minors
7 Statement of purpose of bill as introduced: This bill proposes to require that
8 any covered business that develops and provides online services, products, or
9 features that children are reasonably likely to access must not use abusive or
10 privacy-invasive design features on children.
11    An act relating to an age-appropriate design code
12 It is hereby enacted by the General Assembly of the State of Vermont:
13 Sec. 1. 9 V.S.A. chapter 62, subchapter 6 is added to read:
14Subchapter 6. Vermont Age-Appropriate Design Code Act
15 § 2449a. DEFINITIONS
16    As used in this subchapter:
17(1)(A) “Affiliate” means a legal entity that shares common branding
18 with another legal entity or controls, is controlled by, or is under common
19 control with another legal entity.
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1(B) As used in subdivision (A) of this subdivision (1), “control” or
2 “controlled” means:
3(i) ownership of, or the power to vote, more than 50 percent of the
4 outstanding shares of any class of voting security of a company;
5(ii) control in any manner over the election of a majority of the
6 directors or of individuals exercising similar functions; or
7(iii) the power to exercise controlling influence over the
8 management of a company.
9(2) “Age assurance” encompasses a range of methods used to determine,
10 estimate, or communicate the age or an age range of an online user.
11(3) “Algorithmic recommendation system” means a system that uses an
12 algorithm to select, filter, and arrange media on a covered business’s website
13 for the purpose of selecting, recommending, or prioritizing media for a user.
14(4)(A) “Biometric data” means data generated from the technological
15 processing of an individual’s unique biological, physical, or physiological
16 characteristics that allow or confirm the unique identification of the consumer,
17 including:
18(i) iris or retina scans;
19(ii) fingerprints;
20(iii) facial or hand mapping, geometry, or templates;
21(iv) vein patterns;
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1(v) voice prints or vocal biomarkers; and
2(vi) gait or personally identifying physical movement or patterns.
3(B) “Biometric data” does not include:
4(i) a digital or physical photograph;
5(ii) an audio or video recording; or
6(iii) any data generated from a digital or physical photograph, or
7 an audio or video recording, unless such data is generated to identify a specific
8 individual.
9(5) “Business associate” has the same meaning as in HIPAA.
10(6) “Collect” means buying, renting, gathering, obtaining, receiving, or
11 accessing any personal data by any means. This includes receiving data from
12 the consumer, either actively or passively, or by observing the consumer’s
13 behavior.
14(7) “Compulsive use” means the repetitive use of a covered business’s
15 service that materially disrupts one or more major life activities of a minor,
16 including sleeping, eating, learning, reading, concentrating, communicating, or
17 working.
18(8)(A) “Consumer” means an individual who is a resident of the State.
19(B) “Consumer” does not include an individual acting in a
20 commercial or employment context or as an employee, owner, director, officer,
21 or contractor of a company, partnership, sole proprietorship, nonprofit, or
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1 government agency whose communications or transactions with the covered
2 business occur solely within the context of that individual’s role with the
3 company, partnership, sole proprietorship, nonprofit, or government agency.
4(9) “Consumer health data” means any personal data that a controller
5 uses to identify a consumer’s physical or mental health condition or diagnosis,
6 including gender-affirming health data and reproductive or sexual health data.
7(10) “Controller” means a person who, alone or jointly with others,
8 determines the purpose and means of processing personal data.
9(11) “Covered business” means a sole proprietorship, partnership,
10 limited liability company, corporation, association, other legal entity, or an
11 affiliate thereof, that conducts business in this State and whose online products,
12 services, or features are reasonably likely to be accessed by a minor and that:
13(A) collects consumers’ personal data or has consumers’ personal
14 data collected on its behalf by a processor; and
15(B) alone or jointly with others determines the purposes and means of
16 the processing of consumers personal data.
17(12) “Covered entity” has the same meaning as in HIPAA.
18(13) “Covered minor” is a consumer who a covered business actually
19 knows is a minor or labels as a minor pursuant to age assurance methods in
20 rules adopted by the Attorney General.
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1(14) “Default” means a preselected option adopted by the covered
2 business for the online service, product, or feature.
3(15) “De-identified data” means data that does not identify and cannot
4 reasonably be used to infer information about, or otherwise be linked to, an
5 identified or identifiable individual, or a device linked to the individual, if the
6 covered business that possesses the data:
7(A)(i) takes reasonable measures to ensure that the data cannot be
8 used to reidentify an identified or identifiable individual or be associated with
9 an individual or device that identifies or is linked or reasonably linkable to an
10 individual or household; and
11(ii) for purposes of this subdivision (A), “reasonable measures”
12 shall include the de-identification requirements set forth under 45 C.F.R.
13 § 164.514 (other requirements relating to uses and disclosures of protected
14 health information);
15(B) publicly commits to process the data only in a de-identified
16 fashion and not attempt to reidentify the data; and
17(C) contractually obligates any recipients of the data to comply with
18 all provisions of this subchapter.
19(16) “Derived data” means data that is created by the derivation of
20 information, data, assumptions, correlations, inferences, predictions, or
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1 conclusions from facts, evidence, or another source of information or data
2 about a minor or a minor’s device.
3(17) “Genetic data” means any data, regardless of its format, that results
4 from the analysis of a biological sample of an individual, or from another
5 source enabling equivalent information to be obtained, and concerns genetic
6 material, including deoxyribonucleic acids (DNA), ribonucleic acids (RNA),
7 genes, chromosomes, alleles, genomes, alterations or modifications to DNA or
8 RNA, single nucleotide polymorphisms (SNPs), epigenetic markers,
9 uninterpreted data that results from analysis of the biological sample or other
10 source, and any information extrapolated, derived, or inferred therefrom.
11(18) “Identified or identifiable individual” means an individual who can
12 be readily identified, directly or indirectly, including by reference to an
13 identifier such as a name, an identification number, specific geolocation data,
14 or an online identifier.
15(19) “Known adult” is a consumer who a covered business actually
16 knows is an adult or labels as an adult pursuant to age assurance methods in
17 rules adopted by the Attorney General.
18(20) “Minor” means an individual under 18 years of age who is a
19 resident of the State.
20(21) “Neural data” means information that is collected through
21 biosensors and that could be processed to infer or predict mental states.
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1(22) “Online service, product, or feature” means a digital product that is
2 accessible to the public via the internet, including a website or application, and
3 does not mean any of the following:
4(A) telecommunications service, as defined in 47 U.S.C. § 153;
5(B) a broadband internet access service as defined in 47 C.F.R.
6 § 54.400; or
7(C) the sale, delivery, or use of a physical product.
8(23)(A) “Personal data” means any information, including derived data
9 and unique identifiers, that is linked or reasonably linkable to an identified or
10 identifiable individual or to a device that identifies, is linked to, or is
11 reasonably linkable to one or more identified or identifiable individuals in a
12 household.
13(B) Personal data does not include de-identified data or publicly
14 available information.
15(24)(A) “Precise geolocation data” means information derived from
16 technology that reveals the past or present physical location of a consumer or
17 device that identifies or is linked or reasonably linkable to one or more
18 consumers with precision and accuracy within a radius of 1,850 feet.
19(B) “Precise geolocation data” does not include:
20(i) the content of communications;
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1(ii) data generated by or connected to an advanced utility metering
2 infrastructure system;
3(iii) a photograph, or metadata associated with a photograph or
4 video, that cannot be linked to an individual; or
5(iv) data generated by equipment used by a utility company.
6(25) “Process” or “processing” means any operation or set of operations
7 performed, whether by manual or automated means, on personal data or on sets
8 of personal data, such as the collection, use, storage, disclosure, analysis,
9 deletion, modification, or otherwise handling of personal data.
10(26) “Processor” means a person who processes personal data on behalf
11 of a covered business.
12(27) “Profiling” means any form of automated processing performed on
13 personal data to evaluate, analyze, or predict personal aspects related to an
14 identified or identifiable individual’s economic situation, health, personal
15 preferences, interests, reliability, behavior, location, or movements.
16(28)(A) “Publicly available information” means information that:
17(i) is made available through federal, state, or local government
18 records; or
19(ii) a controller has a reasonable basis to believe that the consumer
20 has lawfully made available to the general public.
21(B) “Publicly available information” does not include:
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1(i) biometric data collected by a business about a consumer
2 without the consumer’s knowledge;
3(ii) information that is collated and combined to create a consumer
4 profile that is made available to a user of a publicly available website either in
5 exchange for payment or free of charge;
6(iii) information that is made available for sale;
7(iv) an inference that is generated from the information described
8 in subdivision (ii) or (iii) of this subdivision (28)(B);
9(v) any obscene visual depiction, as defined in 18 U.S.C. § 1460;
10(vi) any inference made exclusively from multiple independent
11 sources of publicly available information that reveals sensitive data with
12 respect to a consumer;
13(vii) personal data that is created through the combination of
14 personal data with publicly available information;
15(viii) genetic data, unless otherwise made publicly available by the
16 consumer to whom the information pertains;
17(ix) information provided by a consumer on a website or online
18 service made available to all members of the public, for free or for a fee, where
19 the consumer has maintained a reasonable expectation of privacy in the
20 information, such as by restricting the information to a specific audience; or
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1(x) intimate images, authentic or computer-generated, known to be
2 nonconsensual.
3(29) “Reasonably likely to be accessed” means an online service,
4 product, or feature that is reasonably likely to be accessed by a covered minor
5 based on any of the following indicators:
6(A) the online service, product, or feature is directed to children, as
7 defined by the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–
8 6506 and the Federal Trade Commission rules implementing that Act;
9(B) the online service, product, or feature is determined, based on
10 competent and reliable evidence regarding audience composition, to be
11 routinely accessed by an audience that is composed of at least two percent
12 minors two through 17 years of age;
13(C) the online service, product, or feature contains advertisements
14 marketed to minors;
15(D) the audience of the online service, product, or feature is
16 determined, based on internal company research, to be composed of at least
17 two percent minors two through 17 years of age; or
18(E) the covered business knew or should have known that at least two
19 percent of the audience of the online service, product, or feature includes
20 minors two through 17 years of age, provided that, in making this assessment,
21 the business shall not collect or process any personal data that is not reasonably
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1 necessary to provide an online service, product, or feature with which a minor
2 is actively and knowingly engaged.
3(30) “Sensitive data” means personal data that:
4(A) reveals a consumer’s government-issued identifier, such as a
5 Social Security number, passport number, state identification card, or driver’s
6 license number, that is not required by law to be publicly displayed;
7(B) reveals a consumer’s racial or ethnic origin; national origin;
8 citizenship or immigration status; religious or philosophical beliefs; a mental
9 or physical health condition, diagnosis, disability or treatment; status as
10 pregnant; income level or indebtedness; or union membership;
11(C) reveals a consumer’s sexual orientation, sex life, sexuality, or
12 status as transgender or nonbinary;
13(D) reveals a consumer’s status as a victim of a crime;
14(E) is a consumer’s tax return and account number, financial account
15 log-in, financial account, debit card number, or credit card number in
16 combination with any required security or access code, password, or
17 credentials allowing access to an account;
18(F) is consumer health data;
19(G) is collected and analyzed concerning consumer health data that
20 describes or reveals a past, present, or future mental or physical health
21 condition, treatment, disability, or diagnosis, including pregnancy, to the extent
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1 the personal data is used by the controller for a purpose other than to identify a
2 specific consumer’s physical or mental health condition or diagnosis;
3(H) is biometric or genetic data;
4(I) is collected from a covered minor;
5(J) is precise geolocation data;
6(K) are keystrokes;
7(L) is driving behavior; or
8(M) is neural data.
9(31)(A) “Social media platform” means a public or semipublic internet-
10 based service or application that is primarily intended to connect and allow a
11 user to socially interact within such service or application and enables a user
12 to:
13(i) construct a public or semipublic profile for the purposes of
14 signing into and using such service or application;
15(ii) populate a public list of other users with whom the user shares
16 a social connection within such service or application; or
17(iii) create or post content that is viewable by other users,
18 including content on message boards and in chat rooms, and that presents the
19 user with content generated by other users.
20(B) “Social media platform” does not mean a public or semipublic
21 internet-based service or application that:
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1(i) exclusively provides email or direct messaging services;
2(ii) primarily consists of news, sports, entertainment, interactive
3 video games, electronic commerce, or content that is preselected by the
4 provider for which any interactive functionality is incidental to, directly related
5 to, or dependent on the provision of such content; or
6(iii) is used by and under the direction of an educational entity,
7 including a learning management system or a student engagement program.
8(32) “Third party” means a natural or legal person, public authority,
9 agency, or body other than the covered minor or the covered business.
10 § 2449b. EXCLUSIONS
11    This subchapter does not apply to:
12(1) a federal, state, tribal, or local government entity in the ordinary
13 course of its operation;
14(2) protected health information that a covered entity or business
15 associate processes in accordance with, or documents that a covered entity or
16 business associate creates for the purpose of complying with, HIPAA;
17(3) information used only for public health activities and purposes
18 described in 45 C.F.R. § 164.512;
19(4) information that identifies a consumer in connection with:
20(A) activities that are subject to the Federal Policy for the Protection
21 of Human Subjects as set forth in 45 C.F.R. Part 46;
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1(B) research on human subjects undertaken in accordance with good
2 clinical practice guidelines issued by the International Council for
3 Harmonisation of Technical Requirements for Pharmaceuticals for Human
4 Use;
5(C) activities that are subject to the protections provided in 21 C.F.R.
6 Part 50 and 21 C.F.R. Part 56; or
7(D) research conducted in accordance with the requirements set forth
8 in subdivisions (A)–(C) of this subdivision (4) or otherwise in accordance with
9 State or federal law; and
10(5) an entity whose primary purpose is journalism as defined in
11 12 V.S.A. § 1615(a)(2) and that has a majority of its workforce consisting of
12 individuals engaging in journalism.
13 § 2449c. MINIMUM DUTY OF CARE
14    (a) A covered business that processes a covered minor’s data in any
15 capacity owes a minimum duty of care to the covered minor.
16    (b) As used in this subchapter, “a minimum duty of care” means the use of
17 the personal data of a covered minor and the design of an online service,
18 product, or feature will not result in:
19(1) reasonably foreseeable emotional distress as defined in 13 V.S.A.
20 § 1061(2) to a covered minor;
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1(2) reasonably foreseeable compulsive use of the online service,
2 product, or feature by a covered minor; or
3(3) discrimination against a covered minor based upon race, ethnicity,
4 sex, disability, sexual orientation, gender identity, gender expression, or
5 national origin.
6    (c) The content of the media viewed by a covered minor shall not establish
7 emotional distress or compulsive use as those terms are used in subsection (b)
8 of this section.
9    (d) Nothing in this section shall be construed to require a covered business
10 to prevent or preclude a covered minor from accessing or viewing any piece of
11 media or category of media.
12 § 2449d. REQUIRED DEFAULT PRIVACY SETTINGS AND TOOLS
13    (a) Default privacy settings.
14(1) A covered business shall configure all default privacy settings
15 provided to a covered minor through the online service, product, or feature to
16 the highest level of privacy, including the following default settings:
17(A) not displaying the existence of the covered minor’s social media
18 account to any known adult user unless the covered minor has expressly and
19 unambiguously allowed a specific known adult user to view their account or
20 has expressly and unambiguously chosen to make their account’s existence
21 public;
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1(B) not displaying media created or posted by the covered minor on
2 a social media platform to any known adult user unless the covered minor has
3 expressly and unambiguously allowed a specific known adult user to view their
4 media or has expressly and unambiguously chosen to make their media
5 publicly available;
6(C) not permitting any known adult users to like, comment on, or
7 otherwise provide feedback on the covered minor’s media on a social media
8 platform unless the covered minor has expressly and unambiguously allowed a
9 specific known adult user to do so;
10(D) not permitting direct messaging on a social media platform
11 between the covered minor and any known adult user unless the covered minor
12 has expressly and unambiguously decided to allow direct messaging with a
13 specific known adult user;
14(E) not displaying the covered minor’s location to other users, unless
15 the covered minor expressly and unambiguously shares their location with a
16 specific user;
17(F) not displaying the users connected to the covered minor on a
18 social media platform unless the covered minor expressly and unambiguously
19 chooses to share the information with a specific user;
20(G) disabling search engine indexing of the covered minor’s account
21 profile; and
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1(H) not sending push notifications to the covered minors.
2(2) A covered business shall not:
3(A) provide a covered minor with a single setting that makes all of
4 the default privacy settings less protective at once; or
5(B) request or prompt a covered minor to make their privacy settings
6 less protective, unless the change is strictly necessary for the covered minor to
7 access a service or feature they have expressly and unambiguously requested.
8    (b) Timely deletion of account. A covered business shall:
9(1) provide a prominent, accessible, and responsive tool to allow a
10 covered minor to request the covered minor’s social media account be
11 unpublished or deleted; and
12(2) honor that request not later than 15 days after a covered business
13 receives the request.
14 § 2449e. TRANSPARENCY
15    (a) A covered business shall prominently and clearly provide on their
16 website or mobile application:
17(1) the covered business’ privacy information, terms of service, policies,
18 and community standards;
19(2) detailed descriptions of each algorithmic recommendation system in
20 use by the covered business, including the factors used by the algorithmic
21 recommendation system and how each factor:
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1(A) is measured or determined;
2(B) uses the personal data of covered minors;
3(C) influences the recommendation issued by the system; and
4(D) is weighed relative to the other factors listed in this subdivision
5 (2); and
6(3) descriptions, for every feature of the service that uses the personal
7 data of covered minors, of:
8(A) the purpose of the service feature;
9(B) the personal data collected by the service feature;
10(C) the personal data used by the service feature;
11(D) how the personal data is used by the service feature;
12(E) any personal data transferred to or shared with a processor or
13 third party by the service feature, the identity of the processor or third party,
14 and the purpose of the transfer or sharing; and
15(F) how long the personal data is retained.
16 § 2449f. PROHIBITED DATA AND DESIGN PRACTICES
17    (a) Data privacy. A covered business shall not:
18(1) collect, sell, share, or retain any personal data of a covered minor
19 that is not necessary to provide an online service, product, or feature with
20 which the covered minor is actively and knowingly engaged;
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1(2) use previously collected personal data of a covered minor for any
2 purpose other than a purpose for which the personal data was collected, unless
3 necessary to comply with any obligation under this chapter;
4(3) permit any consumer, including a parent or guardian of a covered
5 minor, to monitor the online activity of a covered minor or to track the location
6 of the covered minor without providing a conspicuous signal to the covered
7 minor when the covered minor is being monitored or tracked;
8(4) use the personal data of a covered minor to select, recommend, or
9 prioritize media for the covered minor, unless the personal data is:
10(A) the covered minor’s express and unambiguous request to receive:
11(i) media from a specific account, feed, or user, or to receive more
12 or less media from that account, feed, or user;
13(ii) a specific category of media, such as “cat videos” or “breaking
14 news,” or to see more or less of that category of media; or
15(iii) more or less media with similar characteristics as the media
16 they are currently viewing;
17(B) user-selected privacy or accessibility settings; or
18(C) a search query, as long as the search query is only used to select
19 and prioritize media in response to the search; or
20(5) send push notifications to a covered minor between 12:00 a.m. and
21 6:00 a.m.
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1    (b) Rulemaking. The Attorney General shall have the authority to adopt
2 rules pursuant to this subchapter that prohibits data processing or design
3 practices of a covered business that, in the opinion of the Attorney General,
4 lead to compulsive use or subvert or impair user autonomy, decision making,
5 or choice during the use of an online service, product, or feature of the covered
6 business. The Attorney General shall, at least once every two years, review
7 and update these rules as necessary to keep pace with emerging technology.
8 § 2449g. AGE ASSURANCE PRIVACY
9    (a) Privacy protections for age assurance data. Covered businesses and
10 processors shall:
11(1) only collect personal data of a user that is strictly necessary for age
12 assurance;
13(2) immediately upon determining whether a user is a covered minor,
14 delete any personal data collected of that user for age assurance, except
15 whether the user is or is not determined to be a covered minor;
16(3) not use any personal data of a user collected for age assurance for
17 any other purpose;
18(4) not combine personal data of a user collected for age assurance with
19 any other personal data of the user, except whether the user is or is not
20 determined to be a covered minor; and
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1(5) implement a review process to allow users to appeal their age
2 designation.
3    (b) Rulemaking.
4(1) Subject to subdivision (2) of this subsection, the Attorney General
5 shall, on or before July 1, 2027, adopt rules identifying commercially
6 reasonable and technically feasible methods for covered businesses and
7 processors to determine if a user is a covered minor, describing appropriate
8 review processes for users appealing their age designations, and providing any
9 additional privacy protections for age assurance data. The Attorney General
10 shall periodically review and update these rules as necessary to keep pace with
11 emerging technology.
12(2) In adopting these rules, the Attorney General shall:
13(A) prioritize user privacy and accessibility over the accuracy of age
14 assurance methods; and
15(B) consider:
16(i) the size, financial resources, and technical capabilities of
17 covered businesses and processors;
18(ii) the costs and effectiveness of available age assurance methods;
19(iii) the impact of age assurance methods on users’ safety, utility,
20 and experience;
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1(iv) whether and to what extent transparency measures would
2 increase consumer trust in an age assurance method; and
3(v) the efficacy of requiring covered businesses and processors to:
4(I) use previously collected data to determine user age;
5(II) adopt interoperable age assurance methods; and
6(III) provide users with multiple options for age assurance.
7 § 2449h. ENFORCEMENT
8    (a) A covered business or processor that violates this subchapter or rules
9 adopted pursuant to this subchapter commits an unfair and deceptive act in
10 commerce in violation of section 2453 of this title.
11    (b) The Attorney General shall have the same authority under this
12 subchapter to make rules, conduct civil investigations, bring civil actions,
13 and enter into assurances of discontinuance as provided under chapter 63 of
14 this title.
15 § 2449i. LIMITATIONS
16    Nothing in this subchapter shall be interpreted or construed to:
17(1) impose liability in a manner that is inconsistent with 47 U.S.C.
18 § 230; or
19(2) prevent or preclude any covered minor from deliberately or
20 independently searching for, or specifically requesting, any media.
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1 § 2449j. RIGHTS AND FREEDOMS OF COVERED MINORS
2    It is the intent of the General Assembly that nothing in this act may be
3 construed to infringe on the existing rights and freedoms of covered minors or
4 be construed to discriminate against the covered minors based on race,
5 ethnicity, sex, disability, sexual orientation, gender identity, gender expression,
6 or national origin.
7 Sec. 2. EFFECTIVE DATE
8    This act shall take effect on July 1, 2026.
                                                                   VT LEG #378939 v.1