On August 27, 2024, Governor Pedro Pierluisi enacted Act No. 185-2024, titled “Children and Youth Cyber-Privacy Protection Act” (hereinafter, the “Children Cyber-Privacy Protection Act” or the “Act”). The Children Cyber-Privacy Protection Act seeks to protect the privacy of minors on social networking platforms in Puerto Rico. Among its key provisions, the Act prohibits the publication or disclosure of a minor’s personal information without the express consent of the minor and their parents or legal guardians. The Act will enter into effect March 1, 2025. Operators of websites or platforms that could store information pertaining to minors should be aware of at least the following key takeaways of the Act:
The Act applies to all social networking sites or applications that allow the creation of accounts by minors under eighteen (18) years of age residing in Puerto Rico.
- Prohibition of disclosure of personal information: Social networking platforms may not publish or disclose personal information of minors, beyond the name and city of residence, without the express consent of the minor and his or her parent or guardian.
- Privacy controls: Platforms must provide a simple and understandable process for minors to adjust their privacy settings when creating their accounts.
- Prohibition of sale and misuse of data: Platforms are prohibited from storing, selling or sharing information of minors unless reasonably necessary to provide the service or parental or guardian consent is willfully obtained.
- Protection against profiling and geolocation: Platforms may not profile or track the precise location of minors without complying with strict safeguards and justifying that it is necessary for the service.
- Simplified data deletion process: Minors and their guardians have the right to request deletion of accounts and personal information. This request must be complied with within forty-five (45) days.
- Jurisdiction and regulation: The Puerto Rico Telecommunications Bureau (“NET” for its Spanish acronym) has the authority to regulate, receive complaints and enforce the Act, in addition to imposing fines of up to $25,000.00 per violation.
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This Notice to Clients and Friends has been prepared for information purposes only and is not intended, and should not be relied upon, as legal advice. To further discuss or obtain additional information about complying with the Children Cyber-Privacy Protection Act, please contact us at your convenience.
| Eugenio J. Torres Oyola | etorres@ferraiuoli.com | Rafael Rodríguez Muriel | rrodriguez@ferraiuoli.com |
| Maristella Collazo Soto | mcollazo@ferraiuoli.com | KarlaIn Encarnación Pak | kencarnacion@ferraiuoli.com |
| Víctor Rodríguez Reyes | vrodriguez@ferraiuoli.com | Melissa Bayona Torres | mbayona@ferraiuoli.com |
| Jean G. Vidal Font | jvidal@ferraiuoli.com | Jorge E. Colberg Vilanova | jcolberg@ferraiuoli.com |
| Cristina Arena Solís | carenas@ferraiuoli.com |