(1) A social media company may not allow a Utah minor account holder to change the default data privacy setting described in Subsection 13-71-202(1) without first obtaining verifiable parental consent. (2) A social media company's terms of service related to a Utah minor account holder shall be presumed to include an assurance of confidentiality for the Utah minor account holder's personal information. (3) The presumption of confidentiality in Subsection (2) may be overcome if the social media company obtains verifiable parental consent. (4) The presumption of confidentiality in Subsection (2) does not apply to a social media company's internal use or external sharing of a Utah minor account holder's personal information if the use or sharing is necessary to: (a) maintain or analyze functioning of the social media service; (b) enable network communications; (c) personalize the user's experience based on the user's age and location; (d) display a username chosen by the Utah minor account holder; (e) obtain age assurance information as required under Section 13-71-201; or (f) comply with the requirements of this chapter or other federal or state laws.
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