A number of recent state regulations address the privacy rights of consumers of all ages, but there is no equivalent federal law that protects all consumer privacy rights. However, the Children`s Online Privacy Protection Act of 1998 (“COPPA,” 15 U.S. Code §6501 et seq.) provides some federal protection for data subjects under the age of 13. This Act requires the operator of a “website or online service directed at children” to notify the website about the collection, use and disclosure of a child`s personal data and to obtain “verifiable parental consent” for the collection, use and disclosure found, with some exceptions. Parents have the right to request a description of the types of personal data collected, to withdraw their consent (including the use and maintenance of data already collected by operators in addition to the purpose of future collection) and to obtain the personal data collected from their children. For the same reason, a website operator may stop providing services to a child if the parent has withdrawn consent to the use, maintenance and/or further collection of the child`s personal data. In addition, website operators are prohibited from offering a prize for additional personal information or requiring a child to provide additional personal information in order to participate in a game or activity. Under U.S.C. Section 6504, the Attorney General of a U.S. state may bring civil actions for violation of 15 U.S. laws.
Code §6502(b) as parens patriae on behalf of residents of that state. “Supported decision-making provides adults with disabilities with a flexible way to maintain their independence and decision-making over their own lives by developing and maintaining voluntary support to help them understand, make, communicate and implement their own informed decisions.” It should reduce the number of conservatories for persons with disabilities. Another example is that it only applies to “fast food” restaurants, which are characterized by the sale of food for “immediate consumption” on-site or off-site, customers who order or select items and pay before eating, who prepare food in advance or need to be heated quickly, and with limited or no table service. (note the “OR”), so this seems to include all Krispy Kreme stores that run after 1. September 2022 (because there is a “grandfather clause” for bakeries that might _fall_ krispy kreme) – which no one of their sane mind would call “fast food restaurants”. Why do employees of “non-fast-food” restaurants like Denny`s or Applebee`s deserve less protection from this law? It is envisaged that “supported decision-making can be a means of strengthening the capacities of an adult with a disability”. Currently, a person`s ability to understand, communicate, make decisions and execute documents must be established without the involvement of supporters. Currently, lawyers often ask other participants to leave the session so that the lawyer can have a one-on-one interview with the client to assess whether the lawyer has a sufficient understanding of the options, opportunities and risks available and whether the client is acting voluntarily. People who have signed legal documents with questionable capacity may want to use assisted decision-making to execute new documents. Through assisted decision-making, a person with a disability has the right to have their “supports” present at meetings with health care providers, financial planners and advocates, and other professionals so that the person with a disability can “understand, make and communicate decisions and express their preferences, including, but not limited to, medical and financial powers of attorney, authorized power of attorney forms, health policies, release of representative information forms and beneficiaries. The recent focus on children`s privacy reflects the proliferation of laws and regulations protecting the personal information of all affected individuals in the United States.
In 2019, the FTC again sought comments on additional updates to COPPA, noting that “significant technological changes, including the increased use of educational technology, reinforce the need to revisit COPPA at this point.”  This review of the rules is ongoing. In 2022, FTC Commissioner Alvaro Bedoya called Congress and called for “legislative action before updating the rules.”  There are currently three legislative proposals that could provide additional data protection for young data subjects, some of which extend the age range of protected children up to 15 years. Senators Ed Markey (D-Mass) and Richard Blumenthal (D-CT) also issued a letter to the FTC urging the commission to update regulations under COPPA.  In addition, California recently enacted the California Age-Appropriate Design Code Act, which will go into effect on July 1, 2024 and protects your people. This California law defined a “child” or “children” as “a consumer or consumer under the age of 18.”  The above is a brief discussion of some parts of supported decision-making. To read AB 1663, go to www.leginfo.legislature.ca.gov and look for the invoice number “AB 1663″ for the 2021-22 session year. For legal advice, consult a lawyer. Many people, disabled or not, seek help in making decisions and bring confidants to meetings. What is new, however, is that the legal capacity of the person with a disability to make decisions and execute documents is now.” be assessed using any support, including decision aids, that the person is using or may use. Another law that resembles some Hollywood sets – a façade with no buildings behind. It`s the virtue signal by democratic legislators that makes you feel good about yourself. But it`s not forced, except for a few high-profile photo shoots.
There are already several laws to solve this problem, but they are not enforced very often. It`s just more of the same, so lawmakers can go home for Christmas feeling warm and fuzzy about themselves and each other. Supported decision-making includes a written “Supportive Decision Making Agreement,” which must include, among other things, a list of areas in which the adult with a disability seeks help and a list of areas in which the supporter agrees to provide assistance.