Concerns Over North Carolina’s Data Privacy Bill

In North Carolina, lawmakers are considering a bill that would give consumers more control over their personal data collected and sold by companies. While this aspect of the bill is commendable, it also introduces troubling age verification requirements for social media platforms, which could cause more harm than good.

The NC Personal Data Privacy Act

Last month, state senators Terry Brown (D) and Allen Chesser (R) introduced the NC Personal Data Privacy Act, which outlines six consumer rights regarding personal data. These rights include the ability to request to see what information is being collected, correct inaccuracies, and opt out of data sales to third parties. However, some information, such as health information protected under HIPAA, is exempt, and companies are not required to comply if doing so would reveal trade secrets.

Criticism of the Bill

Eric Null, co-director of the Center for Democracy and Technology’s Privacy & Data Project, has expressed concerns that the bill is "another example of industry-friendly privacy legislation" that offers little protection due to "weak data minimization protections" and "extremely broad exemptions." The bill seems to partially follow the Consumer Privacy Act of North Carolina, which was previously introduced in the state Senate but died in committee.

Age Verification Requirements

Unlike its predecessor, this bill also requires social media platforms to establish "reasonable age verification methods" to prevent minors from creating accounts without parental permission. Social media platforms would need to utilize third-party vendors to carry out this process, which could include providing third parties with a driver’s license or another form of government-issued identification. There are some exceptions to this process, such as gaming sites or platforms generating less than $100,000 in annual revenue.

National Trend

Age verification legislation is becoming increasingly common nationwide, with states like Arkansas, Minnesota, and Pennsylvania considering or passing similar bills. The Kids Off Social Media Act has also been reintroduced in the US Senate to federally mandate social media age verification.

Concerns About Age Verification

However, experts argue that age verification legislation is not effective and can be "privacy-invasive," especially when it requires the use of a third-party vendor. According to Null, "The requirement…benefits no one except age verification providers." Additionally, data breaches are becoming increasingly common, which can have real-world consequences like identity theft. Privacy advocates like the Electronic Frontier Foundation have also noted that age verification legislation will disproportionately restrict already marginalized communities.

Impact on Marginalized Communities

In the US, millions of adults either do not have or cannot receive a government ID, which would be required for age verification. Those most affected include low-income people, the elderly, young adults, and communities of color. Overall, while laws may seem like they’re addressing a problem, age verification falls under the usual US moral panic disguised as progress.