California Civil Code 1798.99.30 – (a) For purposes of this title, the definitions in Section …
(a) For purposes of this title, the definitions in Section 1798.140 shall apply unless otherwise specified in this title.
(b) For the purposes of this title:
Terms Used In California Civil Code 1798.99.30
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) “Child” or “children,” unless otherwise specified, means a consumer or consumers who are under 18 years of age.
(2) “Data Protection Impact Assessment” means a systematic survey to assess and mitigate risks that arise from the data management practices of the business to children who are reasonably likely to access the online service, product, or feature at issue that arises from the provision of that online service, product, or feature.
(3) “Default” means a preselected option adopted by the business for the online service, product, or feature.
(4) “Likely to be accessed by children” means it is reasonable to expect, based on the following indicators, that the online service, product, or feature would be accessed by children:
(A) The online service, product, or feature is directed to children as defined by the Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).
(B) The online service, product, or feature is determined, based on competent and reliable evidence regarding audience composition, to be routinely accessed by a significant number of children.
(C) An online service, product, or feature with advertisements marketed to children.
(D) An online service, product, or feature that is substantially similar or the same as an online service, product, or feature subject to subparagraph (B).
(E) An online service, product, or feature that has design elements that are known to be of interest to children, including, but not limited to, games, cartoons, music, and celebrities who appeal to children.
(F) A significant amount of the audience of the online service, product, or feature is determined, based on internal company research, to be children.
(5) “Online service, product, or feature” does not mean any of the following:
(A) A broadband internet access service, as defined in Section 3100.
(B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code.
(C) The delivery or use of a physical product.
(6) “Profiling” means any form of automated processing of personal information that uses personal information to evaluate certain aspects relating to a natural person, including analyzing or predicting aspects concerning a natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
(Added by Stats. 2022, Ch. 320, Sec. 2. (AB 2273) Effective January 1, 2023.)