GUARDIAN Act

This bill, known as the GUARDIAN Act, aims to enhance online privacy protections for minors by requiring verifiable parental consent before covered platforms can process their personal data. A covered platform is defined as a public online service that enables searchable usernames, facilitates user-generated content, uses design features to promote engagement, and utilizes personal information for advertising or recommendations. A covered minor is a user under the age of 16 whom the platform knows or should know is underage, excluding emancipated individuals. The core provision prohibits platforms from processing a covered minor's personal data without first obtaining verifiable consent from a parent, which involves direct notice and unambiguous authorization. An exception allows for temporary data processing solely for age determination, provided strict security and deletion protocols are followed. Parents also have the right to withdraw consent at any time, triggering account termination and data deletion within 10 days, and platforms must seek re-consent for significant changes or periodically. Upon account termination or when a minor turns 16, platforms are generally required to delete the minor's personal data, unless a parent requests its retention after the minor reaches 16. Before deletion, platforms must provide parents with a means to download the minor's data in a portable format for at least 90 days. The bill also includes a "right to cure," allowing platforms to avoid liability if they promptly delete data or obtain consent within five days of identifying an underage user. Enforcement of these provisions falls primarily to the Federal Trade Commission , treating violations as unfair or deceptive acts or practices. State Attorneys General are also authorized to bring civil actions to enjoin violations, enforce compliance, or seek damages on behalf of state residents, with coordination mechanisms in place with the FTC. While the Act preempts conflicting state laws, it explicitly allows states to enact or enforce laws that offer greater protection to minors.