North Carolina’s Proposed Data Privacy and Age Verification Bill: A Double-Edged Sword
In North Carolina, lawmakers are currently deliberating a significant bill aimed at increasing consumer control over the data collected and sold by various companies. While empowering consumers is a laudable objective, the legislation also introduces contentious age verification requirements for social media platforms. Despite being framed as a protective measure for children, these laws may end up causing more harm than good.
Understanding the NC Personal Data Privacy Act
Recently, state senators Terry Brown (D) and Allen Chesser (R) proposed the NC Personal Data Privacy Act, which outlines six fundamental rights related to personal data. These rights include the ability for individuals to:
- Request access to their collected data
- Correct inaccuracies in their data
- Opt out of data sales to third parties
However, certain types of information, such as health data protected under HIPAA, remain exempt. Companies may also avoid compliance if doing so would expose trade secrets.
Industry-Friendly Legislation: Concerns Raised
The current bill appears to echo the Consumer Privacy Act of North Carolina, which previously failed in the Senate. Eric Null, co-director of the Center for Democracy and Technology’s Privacy & Data Project, criticized the new bill as “another example of industry-friendly privacy legislation” that fails to offer adequate protections due to “weak data minimization standards” and “broad exemptions.”
Age Verification Measures: A Risk to Privacy?
In addition to consumer privacy protections, the bill mandates that social media platforms implement “reasonable age verification methods.” This is designed to prevent minors from creating accounts without parental consent. Companies will be required to utilize third-party vendors to facilitate this process, which may involve providing a driver’s license or government-issued ID. Some exceptions exist, including for gaming sites and platforms earning less than $100,000 annually.
The Broader Landscape of Age Verification Legislation
Age verification laws have gained traction nationally, often in the context of restricting access to adult content. For instance, Texas’ HB 1181 is currently embroiled in a Supreme Court case. Last year, North Carolina enacted its own adult content legislation, known as the PAVE Act. Numerous states, including Arkansas, Minnesota (which is exploring anonymous verification), and Pennsylvania, are also considering similar bills. On the federal level, the Kids Off Social Media Act has been reintroduced in Congress to implement nationwide age verification mandates.
Privacy Risks Associated with Age Verification
Many critics are skeptical about the efficacy of age verification laws. Given the existing loopholes that allow users to bypass age restrictions, experts like Null argue that such measures are “privacy-invasive,” particularly when they involve third-party vendors.
“The requirement…benefits no one except age verification providers,” Null points out. “This is inherently privacy-intrusive, as both the social media platform and the service providers will have access to user IDs.”
Despite provisions that aim to prevent social media platforms and vendors from retaining user information, there is no guarantee of compliance. Companies often misrepresent how they handle data, and data breaches are increasingly prevalent, posing real-world threats such as identity theft.
Who Will be Affected by Age Verification Legislation?
Privacy advocates, including the Electronic Frontier Foundation, warn that age verification laws disproportionately impact marginalized communities. In the U.S., millions of adults either lack or cannot obtain government-issued IDs. The groups most affected include low-income individuals, the elderly, young adults, and communities of color. Therefore, while such legislation may appear to address a pressing issue, it often reflects a broader moral panic rather than genuine progress.
Frequently Asked Questions (FAQs)
What are the key components of the NC Personal Data Privacy Act?
The Act provides consumers with rights to access, correct inaccuracies, and opt out of data sales while imposing exemptions related to health data and trade secrets.
How does age verification for social media work?
Social media platforms must implement age verification methods, often utilizing third-party vendors to verify users’ ages via government-issued identification.
What are the potential privacy implications of age verification requirements?
Age verification can be invasive and may expose user IDs to both social media companies and third-party vendors, raising concerns about data misuse and breaches.
How do age verification laws affect marginalized communities?
These laws can disproportionately restrict access for individuals who do not possess government IDs, affecting low-income people, the elderly, and communities of color.
Are there alternatives to traditional age verification methods?
Some states, like Minnesota, are exploring anonymous verification methods to mitigate privacy concerns while still protecting minors.