North Carolina 2025 Session Status: In Committee Bipartisan · 19 D · 4 R · 2 I cosponsors

HB 462 — Personal Data Privacy/Social Media Safety.

Last action — Reptd Fav Com Substitute

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced March 19, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Advancing 42% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 25 sponsors

    3 primary, 22 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 3 parties (19 D · 4 R · 2 I) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

884 added · 870 removed

Plain-language change summary

The revised version of Bill HB 462 includes several clarifications and definitions about biometric data, which refers to information used to identify individuals. Notably, the definition of "child abuse" has been simplified and specified to align with existing legal definitions, ensuring clarity regarding the scope of the bill. Additionally, the definition of "consent" is reworded to emphasize that general acceptance of broad terms cannot qualify as consent. These changes matter because they help protect individuals' personal data and streamline legal interpretations, making it easier for both businesses and consumers to understand their rights and obligations.

→
Previous
Latest
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 2 HOUSE BILL 462 Committee Substitute Favorable 4/29/25 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 462 Short Title:
Representatives T.
Brown, Chesser, N.
Jackson, and Longest (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 20, 2025 A BILL TO BE ENTITLED AN ACT TO PROTECT NORTH CAROLINIANS BY ENACTING THE PERSONAL DATA PRIVACY ACT AND SOCIAL MEDIA SAFETY ACT.
Judiciary 2, if favorable, Commerce and Economic Development, if favorable, Rules, Calendar, and Operations of the House March 20, 2025 A BILL TO BE ENTITLED AN ACT TO PROTECT NORTH CAROLINIANS BY ENACTING THE PERSONAL DATA PRIVACY ACT AND SOCIAL MEDIA SAFETY ACT.
This Part shall be known and may be cited as the "North Carolina Personal Data Privacy Act." SECTION 1.2.
This act shall be known and may be cited as the "North Carolina Personal Data Privacy Act." SECTION 1.2.
– Personal information and data generated by automatic measurements of an individual's unique biological characteristics, such as a fingerprint, a voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that can be used to identify or authenticate a specific individual.
– Personal information and data generated by automatic measurements of an individual's unique biological characteristics, such as a fingerprint, a voiceprint, eye retinas, irises, or other unique biological patterns *H462-v-1* General Assembly Of North Carolina Session 2025 or characteristics that can be used to identify or authenticate a specific individual.
*H462-v-2* General Assembly Of North Carolina Session 2025 b.
b.
(4) Child.
(4) Business associate.
– As defined in HIPAA.
(5) Child.
(5) Child abuse.
(6) Child abuse.
– Any conduct that would make an individual under 18 years of age qualify as an abused juvenile under G.S.
– With respect to an individual under 18 years of age, as defined in Chapter 14 of the General Statutes or any equivalent provision in the laws of any other state;
7B-101 or any equivalent provision in the laws of any other state;
(6) Consent.
(7) Consent.
(7) Consumer.
(8) Consumer.
(8) Controller.
(9) Controller.
(9) COPPA.
(10) COPPA.
(10) Dark pattern.
(11) Covered entity.
– As defined in HIPAA.
(12) Dark pattern.
(11) Decisions that produce legal or similarly significant effects concerning the consumer.
(13) Decisions that produce legal or similarly significant effects concerning the consumer.
(12) De-identified data.
(14) De-identified data.
a.
Page 2 House Bill 462-First Edition General Assembly Of North Carolina Session 2025 a.
Takes reasonablemeasures to ensurethat thedata cannot be associated with an individual.
Takes reasonablemeasures to ensurethat the data cannot be associated with an individual.
Page 2 House Bill 462-Second Edition General Assembly Of North Carolina Session 2025 c.
c.
(13) Domestic violence.
(15) Domestic violence.
– As defined in G.S.
- As defined in Chapter 14 of the General Statutes or any equivalent provision in the laws of any other state;
14-32.5 or any equivalent provision in the laws of any other state;
(14) Geneticdata.–Anydata,regardlessofitsformat,thatresultsfromtheanalysis of a biological sample of an individual, or from another source enabling equivalent information to be obtained, and concerns genetic material.
(16) Geneticdata.–Anydata,regardlessofitsformat,thatresultsfromtheanalysis of a biological sample of an individual, or from another source enabling equivalent information to be obtained, and concerns genetic material.
(15) HIPAA.
(17) HIPAA.
(16) Human trafficking.
(18) Human trafficking.
– The offense defined in G.S.
– The offense defined in Chapter 14 of the General Statutes or any equivalent provision in the laws of any other state;
14-43.11 or any equivalent provision in the laws of any other state;
(17) Identified or identifiable individual.
(19) Identified or identifiable individual.
(18) Nonprofitorganization.–Anyorganizationthatis exemptfromtaxationunder section 501(c)(3), 501(c)(4), 501(c)(6), or 501(c)(12) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended.
(20) Nonprofitorganization.–Anyorganizationthatis exemptfromtaxationunder section 501(c)(3), 501(c)(4), 501(c)(6), or 501(c)(12) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended.
(19) Personal data.
(21) Personal data.
(20) Precise geolocation data.
(22) Precise geolocation data.
(21) Process or processing.
(23) Process or processing.
Show all 162 changed rows (122 more)
Previous
Latest
(22) Processor.
(24) Processor.
(23) Profiling.
(25) Profiling.
– Any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, demographic characteristics, personal preferences, interests, reliability, behavior, location, or movements.
– Any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, demographic House Bill 462-First Edition Page 3 General Assembly Of North Carolina Session 2025 characteristics, personal preferences, interests, reliability, behavior, location, or movements.
(24) Pseudonymous data.
(26) Protected health information.
– As defined in HIPAA.
(27) Pseudonymous data.
House Bill 462-Second Edition Page 3 General Assembly Of North Carolina Session 2025 (25) Publicly available information.
(28) Publicly available information.
(26) Saleofpersonaldata.
(29) Saleofpersonaldata.
(27) Sensitive data.
(30) Sensitive data.
(28) Sexual assault.
(31) Sexual assault.
– Any sexually violent offense as defined in G.S.
– Any of the offenses defined in Chapter 14 of the General Statutes or any equivalent provision in the laws of any other state;
14-208.6 or any equivalent provision in the laws of any other state;
(29) Stalking.
(32) Stalking.
– Theoffensedefinedin G.S.
– The offense defined in Chapter 14 of the General Statutes or any equivalent provision in the laws of any other state;
14-277.3A oranyequivalent provision in the laws of any other state;
(30) Targeted advertising.
Page 4 House Bill 462-First Edition General Assembly Of North Carolina Session 2025 (33) Targeted advertising.
Page 4 House Bill 462-Second Edition General Assembly Of North Carolina Session 2025 c.
c.
(31) Third party.
(34) Third party.
(32) Trade secret.
(35) Trade secret.
(33) Violent felony.
(36) Violent felony.
– As defined in G.S.
– As defined in section 4201 of Title 11 and includes any equivalent provision in the laws of any other state;
14-7.7 and includes any equivalent provision in the laws of any other state;
(2) Any financial institution or affiliate of a financial institution governed by, or personal data collected, processed, or disclosed in accordance with, Title V of the Gramm-Leach-Bliley Act, 15 U.S.C.
(2) Any financial institution or affiliate of a financial institution, all as defined in 15 U.S.C.
§ 6801, et seq., and related regulations.
§ 6809, to the extent that the financial institution or affiliate is subject to Title V of the Gramm Leach Bliley Act (15 U.S.C.
§ 6801, et seq., as amended) and the rules and implementing regulations promulgated thereunder.
(1) Protected health information as defined in 45 C.F.R.
(1) Protected health information under HIPAA.
§ 160.103.
(4) Identifiable private information to the extent it is collected and used as part of human subjects research pursuant to the ICH E6 Good Clinical Practice Guideline issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use or the protection of human subjects under 21 C.F.R.
(4) Identifiable private information to the extent it is collected and used as part of human subjects research pursuant to the ICH E6 Good Clinical Practice Guideline issued by the International Council for Harmonisation of Technical House Bill 462-First Edition Page 5 General Assembly Of North Carolina Session 2025 Requirements for Pharmaceuticals for Human Use or the protection of human subjects under 21 C.F.R.
(6) Information to the extent it is used for public health, community health, or population health activities and purposes, as authorized by HIPAA, when provided byorto aCoveredEntity,as definedin 45C.F.R.§ 160.103,orwhen provided by or to a Business Associate, as defined in 45 C.F.R.
(6) Information to the extent it is used for public health, community health, or population health activities and purposes, as authorized by HIPAA, when provided by or to a Covered Entity or when provided by or to a Business Associate pursuant to a Business Associate Agreement with a Covered Entity.
§ 160.103, pursuant to a Business Associate Agreement with a Covered Entity.
(7) The collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, furnisher, or user that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that the activity is regulated by and authorized under the federal Fair Credit Reporting Act (15 U.S.C.
(7) The collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's credit worthiness, credit House Bill 462-Second Edition Page 5 General Assembly Of North Carolina Session 2025 standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, furnisher, or user that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that the activity is regulated by and authorized under the federal Fair Credit Reporting Act (15 U.S.C.
(1) Confirm whether a controller is processing the consumer's personal data and access the personal data, unless the confirmation or access would require the controller to reveal a trade secret.
Page 6 House Bill 462-First Edition General Assembly Of North Carolina Session 2025 (1) Confirm whether a controller is processing the consumer's personal data and access the personal data, unless the confirmation or access would require the controller to reveal a trade secret.
Page 6 House Bill 462-Second Edition General Assembly Of North Carolina Session 2025 (5) Obtain a list of the specific third parties to which the controller has disclosed the consumer's personal data.
(5) Obtain a list of the specific third parties to which the controller has disclosed the consumer's personal data.
75F-105 to exercise the rights of the consumer to opt out of the processing of the consumer's personal data for purposes of subdivision (6) of subsection (a) of this section on behalf of the consumer.
75F-105 to exercise the rights of the consumer to opt out of the processing of the consumer's personal data for purposes of subdivision (5) of subsection (a) of this section on behalf of the consumer.
(4) If a controller is unable to authenticate a request to exercise any of the rights afforded undersubdivisions (1)through (5), inclusive,ofsubsection (a)ofthis section using commercially reasonable efforts, the controller shall not be required to comply with a request to initiate an action pursuant to this section and shall provide notice to the consumer that the controller is unable to authenticate the request to exercise the right or rights until the consumer provides additional information reasonably necessary to authenticate the consumer and the consumer's request to exercise the right or rights.
House Bill 462-First Edition Page 7 General Assembly Of North Carolina Session 2025 (4) If a controller is unable to authenticate a request to exercise any of the rights afforded undersubdivisions (1)through (5), inclusive,ofsubsection (a)ofthis section using commercially reasonable efforts, the controller shall not be required to comply with a request to initiate an action pursuant to this section and shall provide notice to the consumer that the controller is unable to authenticate the request to exercise the right or rights until the consumer provides additional information reasonably necessary to authenticate the consumer and the consumer's request to exercise the right or rights.
Ifacontroller denies an opt-out request because the controller believes the request is House Bill 462-Second Edition Page 7 General Assembly Of North Carolina Session 2025 fraudulent, the controller shall send a notice to the person who made the request disclosing that the controller believes the request is fraudulent, why the controller believes the request is fraudulent, and that the controller shall not comply with the request.
Ifacontroller denies an opt-out request because the controller believes the request is fraudulent, the controller shall send a notice to the person who made the request disclosing that the controller believes the request is fraudulent, why the controller believes the request is fraudulent, and that the controller shall not comply with the request.
75F-104(a)(6).Theconsumermaydesignatetheauthorized agent bywayof,amongother things, a platform, technology, or mechanism, including an internet link or a browser setting, browser extension, or global device setting, indicating the consumer's intent to opt out of the processing.
75F-104(a)(5).Theconsumermaydesignate theauthorized agent bywayof,amongother things, a platform, technology, or mechanism, including an internet link or a browser setting, browser extension, or global device setting, indicating the consumer's intent to opt out of the processing.
The North Carolina Department of Justice may publish or reference on its website a list of agents who presumptively shall have the authority unless the controller has established a reasonable basis to conclude that the agent lacks such authority.
The Department of Justice may publish or reference on its website a list of agents who presumptively shall have the authority unless the controller has established a reasonable basis to conclude that the agent lacks such authority.
(1) Limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which the data is processed, as disclosed to the consumer.
Page 8 House Bill 462-First Edition General Assembly Of North Carolina Session 2025 (1) Limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which the data is processed, as disclosed to the consumer.
(4) Not process sensitive data concerning a consumer without obtaining the consumer's consent or, in the case of the processing of sensitive data Page 8 House Bill 462-Second Edition General Assembly Of North Carolina Session 2025 concerning a known child, without first obtaining consent from the child's parent or lawful guardian.
(4) Not process sensitive data concerning a consumer without obtaining the consumer's consent or, in the case of the processing of sensitive data concerning a known child, without first obtaining consent from the child's parent or lawful guardian.
(d) Ifacontrollersellspersonaldatatothirdpartiesorprocessespersonaldatafortargeted advertising, the controller shall clearly and conspicuously disclose the processing, as well as the manner in which a consumer may exercise the right to opt out of the processing.
House Bill 462-First Edition Page 9 General Assembly Of North Carolina Session 2025 (d) Ifacontrollersellspersonaldatatothirdpartiesorprocessespersonaldatafortargeted advertising, the controller shall clearly and conspicuously disclose the processing, as well as the manner in which a consumer may exercise the right to opt out of the processing.
House Bill 462-Second Edition Page 9 General Assembly Of North Carolina Session 2025 (2) Allowing a consumer to opt out of any processing of the consumer's personal data for the purposes of targeted advertising, or any sale of the personal data, through an opt-out preference signal sent, with the consumer's consent, by a platform, technology, or mechanism to the controller indicating the consumer's intent to opt out of any such processing or sale.
(2) Allowing a consumer to opt out of any processing of the consumer's personal data for the purposes of targeted advertising, or any sale of the personal data, through an opt-out preference signal sent, with the consumer's consent, by a platform, technology, or mechanism to the controller indicating the consumer's intent to opt out of any such processing or sale.
(f) If a consumer's decision to opt out of any processing of the consumer's personal data for the purposes of targeted advertising, or any sale of the personal data, through an opt-out preference signal sent in accordance with the provisions of subdivision (1) of this subsection conflicts with the consumer's existing controller-specific privacy setting or voluntary participation in a controller's bona fide loyalty, rewards, premium features, discounts, or club card program, the controller shall comply with the consumer's opt-out preference signal but may notify the consumer of the conflict and provide to the consumer the choice to confirm the controller-specific privacy setting or participation in the program.
If a consumer's decision to opt out of any processing of the consumer's personal data for the purposes of targeted advertising, or any sale of the personal data, through an opt-out preference signal sent in accordance with the provisions of subdivision (1) of this subsection conflicts with the consumer's existing controller-specific privacy setting or voluntary participation in a controller's bona fide loyalty, rewards, premium features, discounts, or club card program, the controller shall comply with the consumer's opt-out preference signal but may notify the consumeroftheconflictandprovidetotheconsumerthechoicetoconfirmthecontroller-specific privacy setting or participation in the program.
(g) If a controller responds to consumer opt‐out requests received pursuant to subdivision (1) of this subsection byinforming the consumer of a charge for the use of anyproduct or service, the controller shall present the terms of any financial incentive offered pursuant to subdivision (2) of this subsection for the retention, use, sale, or sharing of the consumer's personal data.
If a controller responds to consumer opt‐out requests received pursuant to subdivision (1) of this subsection by informing the consumer of a charge for the use of any product or service, the controller shall present the terms of any financial incentive offered pursuant to subdivision (2) of this subsection for the retention, use, sale, or sharing of the consumer's personal data.
(1) Taking into account the nature of processing and the information available to the processor, by appropriate technical and organizational measures, insofar as is reasonably practicable, to fulfill the controller's obligation to respond to consumer rights requests.
(1) Taking into account the nature of processing and the information available to the processor, by appropriate technical and organizational measures, insofar Page 10 House Bill 462-First Edition General Assembly Of North Carolina Session 2025 as is reasonably practicable, to fulfill the controller's obligation to respond to consumer rights requests.
The contract must be binding and clearly set forth instructions for processing data, the nature and purpose of processing, the type of data subject to processing, the duration of processing, and the Page 10 House Bill 462-Second Edition General Assembly Of North Carolina Session 2025 rights and obligations of both parties.
The contract must be binding and clearly set forth instructions for processing data, the nature and purpose of processing, the type of data subject to processing, the duration of processing, and the rights and obligations of both parties.
For the purposes of this section, processing that presents a heightened risk of harm to a consumer includes any of the following:
For House Bill 462-First Edition Page 11 General Assembly Of North Carolina Session 2025 the purposes of this section, processing that presents a heightened risk of harm to a consumer includes any of the following:
House Bill 462-Second Edition Page 11 General Assembly Of North Carolina Session 2025 (b) Data protection assessments conducted pursuant to subsection (a) of this section shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller,theconsumer,otherstakeholders,andthepublicagainstthepotentialriskstotherights of the consumer associated with the processing, as mitigated by safeguards that can be employed by the controller to reduce the risks.
(b) Data protection assessments conducted pursuant to subsection (a) of this section shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller,theconsumer,otherstakeholders,andthepublicagainstthepotentialriskstotherights of the consumer associated with the processing, as mitigated by safeguards that can be employed by the controller to reduce the risks.
Notwithstandingthe foregoing, acontroller's data protection assessment maybeused in an action to enforce this Chapter.
Notwithstandingthe foregoing, acontroller's data protectionassessment maybeused in an action to enforce this Chapter.
(f) Data protection assessment requirements shall apply to processing activities created or generated on or after July 1, 2026, and are not retroactive.
(1) The controller is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data.
Page 12 House Bill 462-First Edition General Assembly Of North Carolina Session 2025 (1) The controller is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data.
The determination of the reasonableness of the Page 12 House Bill 462-Second Edition General Assembly Of North Carolina Session 2025 oversight and the appropriateness of contractual enforcement must take into account whether the disclosed data includes data that would be sensitive data if it were re-identified.
The determination of the reasonableness of the oversight and the appropriateness of contractual enforcement must take into account whether the disclosed data includes data that would be sensitive data if it were re-identified.
(b) The obligations imposed on controllers or processors under this Chapter, other than those imposed by G.S.
House Bill 462-First Edition Page 13 General Assembly Of North Carolina Session 2025 (b) The obligations imposed on controllers or processors under this Chapter, other than those imposed by G.S.
Nothing in this Chapter shall be construed to prevent acontrollerorprocessor from providingpersonal data concerninga consumer to a person House Bill 462-Second Edition Page 13 General Assembly Of North Carolina Session 2025 covered by an evidentiary privilege under the laws of this State as part of a privileged communication.
Nothing in this Chapter shall be construed to prevent acontrollerorprocessor from providingpersonal data concerninga consumer to a person covered by an evidentiary privilege under the laws of this State as part of a privileged communication.
(h) Processing personal data for the purposes expressly identified in this section shall not solely make a legal entity a controller with respect to the processing.
Page 14 House Bill 462-First Edition General Assembly Of North Carolina Session 2025 (h) Processing personal data for the purposes expressly identified in this section shall not solely make a legal entity a controller with respect to the processing.
(a) The North Carolina Department of Justice shall investigate and enforce alleged violations of this Chapter.
(a) The Department of Justice shall investigate and enforce alleged violations of this Chapter.
(b) The North Carolina Department of Justice may, prior to initiating any action for a violation ofanyprovision ofthis Chapter,issue anoticeof violationto the controlleror processor if the Department of Justice determines that a cure is possible.
(b) The Department of Justice may, prior to initiating any action for a violation of any provision of this Chapter, issue a notice of violation to the controller or processor if the Department of Justice determines that a cure is possible.
If the North Carolina Department ofJusticeissuesanoticeofviolation,thecontrollershallhaveatleast60daystocuretheviolation after receipt of the notice.
If the Department of Justice issues a notice of violation, the controller shall have at least 60 days to cure the violation after receipt of the notice.
If the controller fails to cure the violation within the time period, the North Carolina Department of Justice may bring an enforcement proceeding pursuant to subsection (a) of this section.
If the controller fails to cure the violation within the time period, the Department of Justice may bring an enforcement proceeding pursuant to subsection (a) of this section.
In determining whether to grant a controller or processor an opportunity to cure an alleged violation, the North Carolina Department of Justice may consider all of the following:
In determiningwhetherto grant acontrollerorprocessoranopportunityto cure an allegedviolation, the Department of Justice may consider all of the following:
Page 14 House Bill 462-Second Edition General Assembly Of North Carolina Session 2025 (6) Whether the alleged violation was likely caused by human or technical error.
(6) Whether the alleged violation was likely caused by human or technical error.
Beginning no later than July1, 2025, the North Carolina Department of Justice shall engage in public outreach to educate consumers and the business community about this Part.Dataprotection assessment requirements in G.S.
Beginning at least six months prior to the effective date of this act, the Department of Justice shall engage in public outreach to educate consumers and the business community about this act.
75F-108, as enacted bythis Part, shall apply to processing activities created or generated on or after July 1, 2026, and are not retroactive.
– An individual who is a resident of the State of North Carolina and who accesses or attempts to access a social media platform while present in this State or who accesses or attempts to access a social media platform while using a North Carolina Internet Protocol address.
– An individual who is a resident of the State of North Carolina and who accesses or attempts to access a social media platform while present in this State by accessing the social media platform while using a House Bill 462-First Edition Page 15 General Assembly Of North Carolina Session 2025 North Carolina Internet Protocol address or otherwise known or believed to be in this State while using the social media platform.
– A method to confirm that a person seeking to open an account social media platform is at least 18 years old.
– To confirm that a person seeking to access a social media platform is at least 18 years old.
– An online forum that allows an account holder to do any of the following:
– An online forum that a company makes available for an account holder to:
Create a public profile, establish an account, or register as a user for the primary purpose of interacting socially with other profiles and accounts.
Create a public profile, establish an account, or register as a user for the primary purpose of interacting socially with other profiles and accounts;
Upload or create posts or content.
Upload or create posts or content;
View posts or content of other account holders.
View posts or content of other account holders;
d.
and d.
(8) Social media company.
(7a) Social media company.
House Bill 462-Second Edition Page 15 General Assembly Of North Carolina Session 2025 a.
a.
A social media company that allows a user to generate short video clips of dancing, voice overs, or other acts of entertainment in which the primary purpose is not educational or informative.
A social media company that allows a user to generate short video clips of dancing, voice overs, or other acts of entertainment in which the primary purpose is not educational or informative does not meet the exclusion under sub-subdivision a.
of this subdivision.
A media company that exclusively offers interactive gaming, virtual gaming, or an online service that allows the creation and uploading of content for the purpose of interactive gaming, entertainment, or associated entertainment, and any communication related to that content.
A media company that exclusively offers interactive gaming, virtual gaming, or an online service;
that allows the creation and uploading of content for the purpose of interactive gaming, entertainment, or associated entertainment;
and the communication related to that content.
(9) Social media platform.
(8) Social media platform.
– A public or semipublic internet-based service or application that has users in North Carolina and when the substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application;
– A public or semipublic internet-based service or application that has users in North Carolina and on which a substantial function oftheserviceor applicationis to connect usersin orderto allowusers to interact socially with each other within the service or application;
(10) Social media platform.
(8a) Social media platform.
– Does not include an online service, a website, or an application if the predominant or exclusive function is any of the following:
– Does not include an online service, a website, or an application if the predominant or exclusive function is:
Direct messaging consisting of messages, photos, or videos that are sent between devices by electronic means if the direct messages meet all of the following criteria:
Direct messaging consisting of messages, photos, or videos that are sent between devices by electronic means if messages are:
Shared between the sender and the recipient or recipients.
Shared between the sender and the recipient or recipients;
Only visible to the sender and the recipient or recipients.
Only visible to the sender and the recipient or recipients;
3.
and 3.
A streaming service that (i) provides only licensed media in a continuous flow from the service, website, or application to the end user and (ii) does not obtain a license to the media from a user or account holder by agreement of the streaming service's terms of service.
A streaming service that (i) provides only licensed media in a continuous flow from the service, website, or application to the end Page 16 House Bill 462-First Edition General Assembly Of North Carolina Session 2025 user and (ii) does not obtain a license to the media from a user or account holder by agreement of the streaming service's terms of service.
News, sports, entertainment, or other content that is preselected by the provider and not user generated, including, if any chat, comment, or interactive functionality that is provided is incidental to, directly related to, or dependent upon provision of the content.
News, sports, entertainment, or other content that is preselected by the provider and not user generated, including, without limitation, if any chat, comment, or interactive functionality that is provided is incidental to, directly related to, or dependent upon provision of the content.
Online shopping or e-commerce, if the interaction with other users or account holders is generally limited to any of the following:
Online shopping or e-commerce, if the interaction with other users or account holders is generally limited to:
The ability to post and comment on reviews.
The ability to post and comment on reviews;
The ability to display lists or collections of goods for sale or wish lists.
The ability to display lists or collections of goods for sale or wish lists;
3.
and 3.
Any other function that is focused on online shopping or e-commerce rather than interaction between users or account holders.
Other functions that are focused on online shopping or e-commerce rather than interaction between users or account holders.
Page 16 House Bill 462-Second Edition General Assembly Of North Carolina Session 2025 f.
f.
Permitting comments on a digital news website, if the news content is posted only by the provider of the digital news website.
To permit comments on a digital news website, if the news content is posted only by the provider of the digital news website.
provided that the service is a classified advertising service that only permits the sale of goods and prohibits the solicitation of personal services or that is used by and under the direction of an educational entity, including, a learning management system, student engagement program, and subject-specific or skill-specific program.
then, the following criteria must also apply:
(11) Social media platform.
1.
The service is a classified advertising service that only permits the sale of goods and prohibits the solicitation of personal services or that is used by and under the direction of an educational entity, including, without limitation, a learning management system, student engagement program, and subject-specific or skill-specific program.
(8b) Social media platform.
(12) User.
(9) User.
(b) A social media company shall use a commercial entity to perform reasonable age verification to verify the age of the user before allowing a North Carolina user to be an account holderonthesocialmediacompany'ssocialmediaplatform.
A social media company shall verify the age of an account holder.
IftheNorthCarolinauserisaminor, the social media company shall confirm that a minor has consent under this section to become an account holder before allowing the North Carolina user to open the account.
If an account holder is a minor, the social media company shall confirm that a minor has consent under this subsection to become a new account holder at the time a North Carolina user opens the account.
(c) Reasonable age verification methods under this section include one of the following:
House Bill 462-First Edition Page 17 General Assembly Of North Carolina Session 2025 (b) A social media company shall use a third-party vendor to perform reasonable age verification before allowing access to the social media company's social media platform.
(1) Providing a digitized identification card, including a digital copy of a drivers license issued by the Division of Motor Vehicles.
(c) Reasonable age verification methods under this section include providing one of the following:
(2) Providing a government-issued identification.
(1) A digitized identification card, including a digital copy of a drivers license issued by the Division of Motor Vehicles.
(2) Government-issued identification.
(b) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to an account on the social media platform has been granted.
(b) If a social media company performs a reasonable age verification, the social media company shall not retain any identifying information of the individual after access to the social media platform has been granted.
(c) A violation of G.S.
(c1) Violation of G.S.
The district attorney for the county where the North Carolina user resides may initiate a criminal proceeding against a social media company that allegedly violates G.S.
As authorized under this section, the district attorney for the county where the North Carolina user resides may initiate a criminal proceeding against a social media company that allegedly violates G.S.
(d) The Attorney General may initiate a civil enforcement action against a social media company that allegedly commits a violation of G.S.
(c2) As authorized under G.S.
75G-104, the Attorney General may initiate a civil enforcement action against a social media company that allegedly commits a violation of G.S.
House Bill 462-Second Edition Page 17 General Assembly Of North Carolina Session 2025 (e) A social media company that violates this Chapter is liable to an individual for either of the following:
(c3) A social media company that violates this Chapter is liable to an individual for:
(1) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorneys' fees as ordered by the court.
(1) A penalty of two thousand five hundred dollars ($2,500) per violation, court costs, and reasonable attorneys' fees as ordered by the court;
(2) Damages resulting from a minor accessing a social media platform without his or her parent's or legal guardian's consent, including court costs and reasonable attorneys' fees as ordered by the court.
or (2) Damages resulting from a minor accessing a social media platform without his or her parent's or custodian's consent, including court costs and reasonable attorneys' fees as ordered by the court.
(f) This section does not apply to a news or public interest broadcast, website video, report, or event or to cloud service providers, or affect the rights of a news-gathering organization.
(d) This section does not:
(g) An internet service provider, or any of its affiliates or subsidiaries, or search engines shall not violatethis Chaptersolelybyprovidingaccess, connection to orfrom awebsite, orother information or content on the internet, or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication on a social media platform.
(1) Apply to a news or public interest broadcast, website video, report, or event;
(2) Affect the rights of a news-gathering organization;
or (3) Apply to cloud service providers.
(e) An internet service provider, or any of its affiliates or subsidiaries, or search engines shall not violatethis Chaptersolelybyprovidingaccess, connection to orfrom awebsite, orother information or content on the internet, or a facility, system, or network that is not under that internet service provider's control, including transmission, downloading, intermediate storage, access software, or other service that provides access or connectivity, to the extent the internet service provider is not responsible for the creation of the content or the communication on a social media platform.
Liability for commercial entity.
Liability for commercial entity or third-party vendor.
(a) A commercial entityshall not retain anyidentifyinginformation of an individual after access to the social media platform has been granted.
(a) A commercial entityor third-partyvendor shall not retain anyidentifying information of an individual after access to the social media platform has been granted.
PART IV.
Page 18 House Bill 462-First Edition General Assembly Of North Carolina Session 2025 PART IV.
Page 18 House Bill 462-Second Edition
House Bill 462-First Edition Page 19
⬇ Download PDF
View plain text versions (3)

Action History

  1. Reptd Fav Com Substitute

  2. Re-ref Com On Commerce and Economic Development

  3. Withdrawn From Com

  4. Re-ref to the Com on Judiciary 3, if favorable, Commerce and Economic Development, if favorable, Rules, Calendar, and Operations of the House

  5. Passed 1st Reading

  6. Ref to the Com on Judiciary 2, if favorable, Commerce and Economic Development, if favorable, Rules, Calendar, and Operations of the House

  7. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 22 co-sponsors · 154 not signed on

Sponsors (3)

Co-sponsors (22)

Not signed on (154)

154 members have not signed on to this bill.

Show all 154 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 462?
HB 462 is sponsored by James Roberson (Democratic), Lindsey Prather (Democratic), Garland E. Pierce (Democratic), Ray Pickett (Republican), Nasif Majeed (U), Jordan Lopez (Democratic), Carolyn G. Logan (Democratic), Monika Johnson-Hostler (Democratic), Zack Hawkins (Democratic), Pricey Harrison (Democratic), Allison A. Dahle (Democratic), Carla D. Cunningham (U), Mike Colvin (Democratic), Tracy Clark (Democratic), Gloristine Brown (Democratic), Mary Belk (Democratic), Cynthia Ball (Democratic), Amber M. Baker (Democratic), Vernetta Alston (Democratic), Eric Ager (Democratic), Tim Longest (Democratic), Neal Jackson (Republican), Allen Chesser (Republican), and Terry M. Brown Jr. (Democratic).
What is the current status of HB 462?
This bill is in committee in the House. Introduced March 19, 2025. It must pass committee before a floor vote.
Where can I track HB 462?
Track HB 462 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 462

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 462

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →