II 

115TH CONGRESS 

2D SESSION S. 2965 

To amend the Children’s Online Privacy Protection Act of 1998 to give 

Americans the option to delete personal information collected by internet 

operators as a result of the person’s internet activity prior to age 13. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2018 

Mr. DURBIN (for himself and Mr. MARKEY) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To amend the Children’s Online Privacy Protection Act of 

1998 to give Americans the option to delete personal 

information collected by internet operators as a result 

of the person’s internet activity prior to age 13. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Slate for Kids 

5 Online Act of 2018’’. 


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1 SEC. 2. ENHANCING THE CHILDREN’S ONLINE PRIVACY 

2 PROTECTION ACT OF 1998. 

3 (a) DEFINITIONS.—Section 1302 of the Children’s 

4 Online Privacy Protection Act of 1998 (15 U.S.C. 6501) 

5 is amended by adding at the end the following: 

6 ‘‘(13) DELETE.—The term ‘delete’ means to re7 move personal information such that the information 

8 is not maintained in retrievable form and cannot be 

9 retrieved in the normal course of business.’’. 

10 (b) REGULATION OF UNFAIR AND DECEPTIVE ACTS

11 AND PRACTICES IN CONNECTION WITH THE COLLECTION

12 AND USE OF PERSONAL INFORMATION FROM AND ABOUT

13 CHILDREN ON THE INTERNET.—Section 1303 of the Chil14 dren’s Online Privacy Protection Act of 1998 (15 U.S.C. 

15 6502) is amended— 

16 (1) in subsection (a), by adding at the end the 

17 following: 

18 ‘‘(3) FAILURE TO DELETE.—It is unlawful for 

19 an operator of a website or online service directed to 

20 children, or any operator that has actual knowledge 

21 that it is collecting personal information from a 

22 child, to fail to delete personal information collected 

23 from or about a child if a request for deletion is 

24 made pursuant to regulations prescribed under sub25 section (e).’’; and 

26 (2) by adding at the end the following: 


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1 ‘‘(e) RIGHT OF AN INDIVIDUAL TO DELETE PER2 SONAL INFORMATION COLLECTED WHEN THE PERSON

3 WAS A CHILD.— 

4 ‘‘(1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this subsection, the Com6 mission shall promulgate under section 553 of title 

7 5, United States Code, regulations that require the 

8 operator of any website or online service directed to 

9 children, or any operator that has actual knowledge 

10 that it has collected personal information from a 

11 child or maintains such personal information— 

12 ‘‘(A) to provide notice on the website of 

13 how an individual over the age of 13, or a legal 

14 guardian of an individual over the age of 13 

15 acting with the knowledge and consent of the 

16 individual, can request that the operator delete 

17 all personal information in the possession of the 

18 operator that was collected from or about the 

19 individual when the individual was a child not20 withstanding any parental consent that may 

21 have been provided when the individual was a 

22 child; 

23 ‘‘(B) to promptly delete all personal infor24 mation in the possession of the operator that 

25 was collected from or about an individual when 


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1 the individual was a child when such deletion is 

2 requested by an individual over the age of 13 

3 or by the legal guardian of such individual act4 ing with the knowledge and consent of the indi5 vidual, notwithstanding any parental consent 

6 that may have been provided when the indi7 vidual was a child; 

8 ‘‘(C) to provide written confirmation of de9 letion, after the deletion has occurred, to an in10 dividual or legal guardian of such individual 

11 who has requested such deletion pursuant to 

12 this subsection; and 

13 ‘‘(D) to except from deletion personal in14 formation collected from or about a child— 

15 ‘‘(i) only to the extent that the per16 sonal information is necessary— 

17 ‘‘(I) to respond to judicial proc18 ess; or 

19 ‘‘(II) to the extent permitted 

20 under any other provision of law, to 

21 provide information to law enforce22 ment agencies or for an investigation 

23 on a matter related to public safety; 

24 and 


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1 ‘‘(ii) if the operator retain such ex2 cepted personal information for only as 

3 long as reasonably necessary to fulfill the 

4 purpose for which the information has 

5 been excepted and that the excepted infor6 mation not be used, disseminated or main7 tained in a form retrievable to anyone ex8 cept for the purposes specified in this sub9 paragraph.’’. 

10 (c) SAFE HARBORS.—Section 1304 of the Children’s 

11 Online Privacy Protection Act of 1998 (15 U.S.C. 6503) 

12 is amended— 

13 (1) in subsection (a), by striking ‘‘section 

14 1303(b)’’ and inserting ‘‘subsections (b) and (e) of 

15 section 1303’’; and 

16 (2) in subsection (b)(1), by striking ‘‘subsection 

17 (b)’’ and inserting ‘‘subsections (b) and (e)’’. 

18 (d) ACTIONS BY STATES.—Section 1305(a)(1) of the 

19 Children’s Online Privacy Protection Act of 1998 (15 

20 U.S.C. 6504(a)(1)) is amended by striking ‘‘1303(b)’’ and 

21 inserting ‘‘subsection (b) or (e) of section 1303’’. 

Æ 


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