Time to get out those pencils with the pink erasers, or the online equivalent. On Jan. 1, 2015, California will be enacting a new law that allows minors there to remove content or information they posted on a website, online service, or online or mobile application, according to Christopher Avery of Davis Wright Tremaine.
Here are some of Avery’s tips for prepping your company to do some digital erasing:
- Determine if it applies: The “Minor Eraser” law applies to sites and online services “directed to minors” or those that have actual knowledge that a minor is using the service. What does this mean? Under the act, a minor is defined as any person under 18 living in California.
- Recognize the removal right: “Content or information is considered ‘posted’ whenever it can be accessed by any user in addition to the minor that posted it and does not need to be accessible by the public at large,” explains Avery. This must be removed on request by a minor. However, there are instances when this removal right is voided, such as if the minor received compensation for the content or if removing it would be in violation of federal or state law.
- Give notice: There also is a notice requirement under the new law that says operators must tell minors who are registered users that they can request to remove content, provide clear instructions on how to do so and explain this doesn’t always guarantee full removal.
