First Regular Session H.B. 2262
PROPOSED
SENATE AMENDMENTS TO H.B. 2262
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 18, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
COMMUNICATIONS PLATFORM PROVIDERS
ARTICLE 1. GENERAL PROVISIONS
18-701. Communications platform providers; custodial third-party agents; requirements; definitions
A. A communications platform provider for each communications platform the provider operates shall maintain a set of transparent, third-party-accessible interfaces, including application programming interfaces, to initiate the secure transfer of user data to a user or to a custodial third-party agent at the direction of the user in a structured, commonly used and machine-readable format.
B. A custodial third-party agent that receives user data from a communications platform provider:
1. Shall comply with a standard security framework that is annually audited by a third party.
2. Shall reasonably secure any user data the custodial third-party agent acquires.
3. May not collect, use or share any user data for the commercial benefit of the custodial third-party agent beyond what is required for the custodial third-party agent to deliver services to the user.
C. For the purposes of this section:
1. "Communications platform provider" means an entity that operates a platform with more than ten million monthly active users in the United States and that offers consumers the ability to communicate with others over the internet or through short message service, including social media, voice chat and messaging platforms.
2. "Custodial third-party agent" means an entity that is duly authorized by a user to interact with a communications platform provider on that user's behalf to manage, process or analyze the user's online interactions, content and account settings.
3. "User" means a person who is under eighteen years of age or the user's legal guardian.
4. "User data":
(a) Means information about a user who is under eighteen years of age that is any of the following:
(i) Collected directly by a communications platform provider.
(ii) Linked or reasonably linkable to the user's account on a communications platform.
(iii) A communication typical to online messaging, multimedia sharing and social networking, including a message, post or comment and any associated attachment such as an image or video, that is transmitted to or from the user within the preceding thirty-day period, including any deleted communication.
(b) Does not include information that is deidentified or anonymized."
Amend title to conform