GUARDIAN Act

Key Points

• Platforms that let users create searchable profiles, share user-generated content, and use engagement features like infinite scroll or personalized recommendations would need verified parental consent before processing personal data from anyone under 16.
• Platforms can check a user's age without parental consent first, but must delete that data immediately once age is confirmed and cannot use it for anything else.
• Parents can cancel consent anytime, and the platform then has 10 days to shut down the child's account and delete their data, after making it downloadable first.
• When a minor turns 16, platforms must delete their data automatically unless a parent specifically asks the platform to keep it.
• The FTC enforces the law as an unfair or deceptive practice, and state attorneys general can also sue on behalf of residents, though federal action can pause state lawsuits against the same defendant.
• The law would only take effect 18 months after being signed, and it preempts conflicting state laws but lets states keep rules that protect minors more strongly.