Privacy & Information Security Law Blog

On October 15, 2023, a proposal was published on Utah’s social media regulation law, S.B. 152, which was signed earlier this year.

As part of Utah’s effort to regulate social media companies, state officials released proposed rules for S.B. 152’s requirement that social media companies verify users’ ages and obtain parental consent for minors who intend to use the platforms. The rule, which was prepared by Utah’s Department of Commerce, requires companies to use “an age verification process that accurately identifies whether a current or prospective Utah account holder is not a minor.” The Department of Commerce also requires companies to provide written confirmation to users within 72 hours explaining the method of age verification employed, the result of the verification, and the date the company will delete the age verification information.

The rule proposes that if a minor account holder is discovered through this verification process that the minor’s account be suspended “until it [the social media company] obtains the Utah minor account holder’s parent’s or guardian’s consent.” Parental consent requires both a written attestation from the parent or guardian and the use of a method that verifies parental consent as established under the Children’s Online Privacy Protection Act. 

The proposed rule provides for a public comment period until February 5, 2024 and a public hearing about Utah’s proposed rule on November 1, 2023.