PRIVCY ACT

Protecting the Information of our Vulnerable Children and Youth Act or the PRIVCY ACT

This bill modifies and expands the requirements for commercial entities with respect to information collected from young consumers under the age of 18 and children under the age of 13. Specifically, it applies the requirements for processing information reasonably linkable to a young consumer or child to any entity within the jurisdiction of the Federal Trade Commission, including nonprofit organizations.

Additionally, the bill modifies the requirements for such processed information with respect to

• obtaining verifiable consent to process such information and the applicable exceptions;
• developing a publicly available privacy policy with respect to such information;
• consumers' access to, and requests to delete, such information; and
• securing such information and periodically testing such security measures.

Among other things, it also adds provisions

• requiring the deletion of processed information that is no longer reasonably necessary to retain for the purpose for which it was processed,
• prohibiting targeted marketing to a specific young consumer or child based on processed information or using processed information in a manner inconsistent with the reasonable expectation of such consumers, and
• limiting the disclosure of processed information to third parties without a written agreement with the third party specifying and limiting the purposes for which the third party may process the information and requiring the third party to provide specified security and privacy protections.