In the current digital environment, children’s personal data is being incessantly collected, analyzed, and sold by companies operating mostly in the shadows. These companies, also referred to as data brokers, create granular profiles that track everything from browsing behavior to location (often from infants). The California Delete Act (SB 362) represents an attempt to provide more power to parents and guardians concerning their children’s digital residuum, attempting to fill significant gaps in existing privacy protections. 

Existing Laws are Insufficient 

While existing privacy laws provide some level of protection, they are often limited in breadth and effectiveness. The Children’s Online Privacy Protection Act (COPPA) protects children under 13 years old and requires parental consent before collecting personal information online. The California Consumer Privacy Act (CCPA) grants individuals the right to request the deletion of their information, but this dedicates coverage solely to information collected directly from the individual. 

This leaves parents trapped. To delete a child’s information from one of the hundreds of registered data brokers operating in California, parents are required to opt out from each one, wading through the complicated opt-out process with each company. Until an individual obtains an assurance their child’s information is gone, with companies operating at least slightly maliciously, it is nearly impossible to feel confident.

Data Brokers and the Risks for Children

Data brokers collect extensive and, in many cases, sensitive information. Some advertising data brokers track children across thousands of categories—including preferences of products, demographics of their families, history of education, and even predicted learning disabilities— in order to target children for hyper-specific marketing or to influence their parents’ spending decisions. 

In addition to targeted marketing, the risk of identity theft is increasing. A child’s identity and personal information holds considerable value on the black market because children will have a “clean slate” credit history. Reports show that child identity theft may be increasing, and child victims will only find out about fraudulent use of their identity when they reach adulthood. When data brokers aggregate and sell personal information, they are furthering this rising problem. 

If consumers are victim to a breach of personal information, they should seek privacy and data breach attorneys to know their rights and to seek meaningful remedies.

Profiling, Discrimination, and Psychological Impact

Brokers can accumulate data which can then result in profiling and disparately targeting children. Data indicating potential learning disabilities, socioeconomic conditions, or behaviors can impact the treatment of children in educational or social contexts. 

Additionally, the psychological implications are troubling. If children realize—or even subconsciously feel—they are under surveillance, they may become anxious, feel less private, or inhibit social growth. Privacy is not merely a legal right; it is an important aspect of healthy emotional development in children.

The Promise of the California Delete Act

The California Delete Act intends to address these inadequacies by requiring data brokers to have an unambiguous process for deletion requests. Additionally, it establishes transparency by mandating the data broker discloses the type of information they collect, especially information regarding children. 

The Delete Act is an important effort towards ensuring a safe online space by giving parents a sense of ownership over their personal information, and minimizing the potential for fraud, predatory practices, and discrimination. Implementing the Delete Act would not only protect children but would reinforce the notion that privacy is a human right. 

Amid the increasing commercialization of personal data, the Delete Act provides hope that children’s lives online can be enjoyed without objectionable exploitation, and allow them to grow and develop without the perpetual gaze of surveilling eyes.