Some basics about how the California Consumer Privacy Act applies to selling children’s personal information:
- Businesses subject to CCPA cannot sell the personal information of consumers who are 16 years old or younger without prior authorization.
- If the minor is less than 13 years old, the businesses must obtain authorization from a parent or guardian.
- If the minor is between the ages of 13 and 16 years old, businesses can obtain authorization from the minor.
- Businesses will be held liable as having actual knowledge if the business willfully disregards the consumer’s age.”Willfully disregard” is not defined in the law but based on other California laws and judicial interpretation could mean an affirmative decision to not inquire about the age of consumers.