SB 499

Summary

As introduced: - Enacts the Kansas Age-Appropriate Design Code Act, which applies to online businesses that have products or services reasonably likely to be accessed by a minor. - Prohibits high-risk data practices unless the user is an adult who has consented, including: - collecting, selling, or sharing personal data that is not necessary to provide the service; - using collected personal data for a purpose other than that for which the data was collected; - allowing any individual to track online activity or the location of the user without a conspicuous signal; - using personal data to personalize content; - sending overnight push notifications; - using auto-play, variable reward schedules, infinite scroll, compulsive use features, or prohibited data practices; - providing a single setting to reduce setting protectiveness; - prompting a user to change settings unless strictly necessary; - Requires a covered business to assess risk that the design will encourage compulsive use for minor users. Requires the lowest risk design. - Requires default privacy settings at the highest level for minors, including prohibiting algorithmic recommendation from allowing unknown adult users to connect, follow media, direct message, allow display of the user's friends, and requires disabling search engine indexing. - Prohibits displaying location of a minor by default. - Limits collection of data for age assurance. Prohibits discriminating against consumers for receiving protections. - Creates a right of protection against nonconsensual digital replication. Creates a private right of action. - Restricts the processing of personal data by a chatbot provider. - Prohibits a chatbot from advertising its output as equivalent to that of a licensed health, legal, accounting, or financial professional. Creates a private right of action. - Requires clear notice to users that a chatbot is not a human every hour of interaction. - Clarifies chatbots are products for the purposes of product liability.

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