SB 758 — Communications: internet; Michigan kids code act; create. Creates new act. TIE BAR WITH: SB 0759'25

SB-758, As Passed Senate, April 29, 2026 SUBSTITUTE FOR SENATE BILL NO.

(a) "Actual knowledge" means all information and inferences known to the covered online service provider relating to the age of an individual, including, but not limited to, self-identified age and any age the covered online service provider has attributed or VMP S03831'25 (S-1)(S-2)_SB758_APS_1 twqgkhszkiex 1 associated with the individual for any purpose, including, but not limited to, marketing, advertising, or product development.

(c) "Biometric data" means, except as otherwise provided in subdivision (d), data that is generated from the technological processing of an individual's unique biological, physical, or physiological characteristics that is used to allow or confirm the unique identification of the consumer, including, but not limited to, all of the following:

(e) "Collect" means buying, renting, gathering, obtaining, VMP S03831'25 (S-1)(S-2)_SB758_APS_1 twqgkhszkiex 1 receiving, or accessing any personal data pertaining to a consumer by any means.

(iii) Quantification of engagement, including, but not limited VMP S03831'25 (S-1)(S-2)_SB758_APS_1 twqgkhszkiex 1 to, providing a visible count of how many likes, comments, clicks, views, or reactions a user-generated item has received.

VMP S03831'25 (S-1)(S-2)_SB758_APS_1 twqgkhszkiex 1 (A) The entity owns, operates, controls, or provides an online service.

(C) The entity alone,generates ora jointlymajority with the entity's affiliates, subsidiaries, or parent companies, determines the purposes and means of theits processingannual ofrevenue personalfrom dataonline ofservices. users.

(D) The entity satisfiesalone, ator leastjointly 1with the entity's affiliates, subsidiaries, or parent companies, determines the purposes and means of the following:processing of personal data of users.

(E) The entity satisfies at least 1 of the following:

(m) Covered online service provider does not include a VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 provider of an online service where the usersaccount owners of the online service who are known to be adults make up more than 98% of the online VMP S03831'25 (S-1) twqgkh 1 service's users.

(u) "Personal data" means information, including derived data and unique identifiers, that is linked or reasonably linkable, VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 alone or in combination with other information, to an identified or identifiable individual or to a device that identifies, is linked VMP S03831'25 (S-1) twqgkh 1 to, or is reasonably linkable to 1 or more identified or identifiable individuals in a household.

(ii) That a business has a reasonable basis to believe is VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 lawfully made available to the general public by the individual or from widely distributed media.

VMP S03831'25 (S-1) twqgkh 1 (iii) That is made available by a person that the individual has disclosed that data to if the individual has not restricted the data to a specific audience.

(ix) Personal data that reveals information on an individual's VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 sex, sex life, sexual orientation, gender, or gender identity.

(bb) "Targeted advertising" means displaying advertisements to VMP S03831'25 (S-1) twqgkh 1 an individual when the advertisement is selected based on personal data obtained or inferred from that individual's activities over time and across nonaffiliated websites or online applications to predict the individual's preferences or interest.

(iii) Regulations promulgated under section 264(c) of the health insurance portability and accountability act of 1996, Public Law VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 104-191.

(c) Information, including, but not limited to, personal data, VMP S03831'25 (S-1) twqgkh 1 that is collected as part of a clinical trial that is subject to the federal policy for the protection of human subjects under 45 CFR Part 46.

VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 (b) Not displaying media created or posted by the covered minor to another user the covered online service provider knows to VMP S03831'25 (S-1) twqgkh 1 be an adult unless 1 or more of the following applies:

(a) Provide a covered minor with a single setting that makes VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 all of the default privacy settings less protective at once.

(b) Request or prompt a covered minor to make the covered VMP S03831'25 (S-1) twqgkh 1 minor's privacy settings less protective, unless the change is strictly necessary for the covered minor to access a service or feature they have expressly and unambiguously requested.

(4) A covered online service provider shall not do any of the VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 following:

VMP S03831'25 (S-1) twqgkh 1 (b) Send a notification to a covered minor between 10 p.m.

VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 Sec.

(1) A covered online service provider shall provide a parent the ability to do all of the following for a covered child VMP S03831'25 (S-1) twqgkh 1 or a covered minor, as applicable:

VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 (a) A detailed description of the covered online service provider as pertaining to minors, including the online service's VMP S03831'25 (S-1) twqgkh 1 covered design features, the use of personal data, and business practices.

(x) If the covered online service provider uses a covered design feature, the average daily time spent on the online service VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 by covered minors for the 90th, 95th, 99th, and 99.9th percentile of covered minors.

VMP S03831'25 (S-1) twqgkh 1 (2) The information required under subsection (1) must include a comparison of each category of information for different age groups, including all of the following age groups:

(2) The attorney general shall review and update rules promulgated under subsection (1) not less than once every 2 years VMP S03831'25 (S-2)_SB758_APS_1 szkiex 1 to keep pace with emerging technology.

(1) A covered online service provider shall designate VMP S03831'25 (S-1) twqgkh 1 or more of the covered online service provider's officers to be responsible for the covered online service provider's compliance with this act.

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