GUARDIAN Act
Sponsored By: Representative Houchin, Erin [R-IN-9]
Introduced
Summary
Requires verifiable parental consent before platforms process the personal data of minors under 16. It would curb targeted data use, set strict deletion and portability rules, and give the Federal Trade Commission and states tools to enforce those rules.
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- Parents and families: Parents would have to receive direct notice and give verifiable consent before a covered platform could process their child's data. Parents could withdraw consent and platforms must close the child's account within 10 days.
- Minors and data rights: Platforms would have to delete a covered minor's personal data after the child turns 16 unless a parent asks to keep it. Parents would get at least a 90-day window to download portable data before deletion.
- Platforms and enforcement: Covered platforms would be defined by public content sharing and engagement features like infinite scrolling, autoplay, rewards, notifications, badges, appearance-altering filters, and personalized recommendations and would be barred from processing covered minors' data without consent. The bill creates a narrow secure age verification exception with required deletion after use, a five-day Right to Cure defense if a provider promptly deletes data or gets consent, enforcement by the FTC, and civil actions by state attorneys general, and it would take effect 18 months after enactment.
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 4 benefits, 0 costs, 3 mixed.
Which platforms and kids are covered
If enacted, the bill would define which websites and apps are covered and which users count as covered minors. A covered platform would be a public content‑sharing service that has searchable or followable user IDs, uses engagement design features, and uses personal data for ads, marketing, or recommendations. A covered minor would be a user a platform knows or should know is under 16 (emancipation would not exclude someone under 16). These definitions would decide which companies must follow the parental consent, deletion, and portability rules.
Parental consent and data rights
If enacted, platforms that meet the law's tests would need verifiable parental consent before they process a user's personal data when the user is under 16. Parents would get written confirmation when they give consent and could withdraw consent at any time. If a parent withdraws, the platform would have to terminate the minor's account and delete the minor's data within 10 days, except for data the law requires to keep. Parents would be able to download a child's data in a portable format for at least 90 days before deletion, and platforms would need to get new consent after big changes or when users move across age bands (and at least every 24 months in tiered systems).
FTC and state enforcement rules
If enacted, violations of the bill would be enforced by the Federal Trade Commission using its usual powers and penalties. State attorneys general could also sue on behalf of residents to get injunctions, damages, or other relief, but they must notify the FTC and the FTC can intervene. The bill would only override state laws when they actually conflict and would allow states to keep or make stronger protections for minors.
Limited age verification safeguards
If enacted, platforms could process personal data without parental consent only to determine a user's age and only under strict limits. The bill would require clear notice, reasonable security, accurate methods, and prompt deletion after determining age. Platforms would have to ensure third parties they use also secure and promptly delete age data.
No content-based liability under Act
If enacted, the bill would say it does not create liability for platforms based on the viewpoint, subject, or content of user-generated posts. Platforms could not be held liable under this law just for hosting or moderating particular categories of speech. This narrows the kinds of content-based claims that could be brought under the Act.
18-month delay before rules start
If enacted, most requirements and enforcement powers in the bill would take effect 18 months after the date of enactment. Platforms would have 18 months to prepare systems for consent, deletion, portability, and age checks. Parents and minors would not get the new protections until that effective date.
Five-day right to cure
If enacted, a platform that finds it has processed a covered minor could avoid liability by acting within five days. The platform would need to either delete the minor's processed personal data or obtain verifiable parental consent within five days. Doing one of these on time would provide a legal defense under the bill.
Sponsors & CoSponsors
Sponsor
Houchin, Erin [R-IN-9]
IN • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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