HB 1834 — Protecting Washington children online.

H-1641.1Z-0344.2 SUBSTITUTE HOUSE BILL 1834 State of Washington 69th Legislature 2025 Regular Session By House Consumer Protection & Business (originally sponsored by Representatives Callan, Paul, Berry, Leavitt, Parshley, Barnard, Hunt, Taylor, Doglio, Gregerson, Ramel, Thai, Shavers, Macri, Zahn, Eslick, Fosse, Bernbaum, Scott, Pollet, Nance, and Cortes;

by request of Attorney General)General READRead FIRSTfirst TIMEtime 02/21/25.02/04/25.

Referred to Committee on Consumer Protection & Business.

1 SHBHB 1834 device, or device communications or signals concerning whether the user is a minor;

(3)(a)(3) "Business""Dark pattern" means anya legaluser entityinterface thatdesigned conductsor businessmanipulated inwith Washingtonthe orsubstantial produceseffect orof providessubverting productsor andimpairing servicesuser thatautonomy, aredecision targetedmaking, toor consumerschoice. in Washington.

(b)(4) "Business""Likely doesto notbe includeaccessed governmentby agencies,minors" federallymeans recognizedit Indianis tribes,reasonable orto contractedexpect, servicebased providerson whenthe providingfollowing servicesindicators, onthat behalfthe ofonline aservice, governmentproduct, agency.or feature would be accessed by minors:

2 SHBHB 1834 (4)(a) "DarkThe pattern"online meansservice, aproduct, user interface designed or manipulatedfeature withis thedirected substantialto effectchildren ofas subvertingdefined orby impairingthe userchildren's autonomy,online decisionprivacy making,protection oract choice.(15 U.S.C.

(5) "Likely to be accessed by minors" means it is reasonable to expect, based on the following indicators, that the online service, product, or feature would be accessed by minors:

(a) The online service, product, or feature is directed to children as defined by the children's online privacy protection act (15 U.S.C.

(6)(5) "Media" means text, audio, an image, or a video.

(7)(6) "Minor," unless otherwise specified, means an individual under 18 years of age who is located in Washington state.

(8)(7) "Online service, product, or feature" does not mean any of the following:

(c) The delivery or use of a physical product;product.

(8) "Operator" means a person who operates or (d)provides Anan interactiveinternet gamingwebsite, platforman that:online service, an online application, or a mobile application.

(i)(9) Complies"Parent" withmeans thea requirementsparent ofor theguardian. children's online privacy protection act, 15 U.S.C.

Sec.(10)(a) "Personal information" means information that identifies or is reasonably capable of being associated or linked, directly or indirectly, with a particular individual or individual's household.

6501 et seq., and the guidelines, rules, guidance, and exemptions established under that act;

and p.

3 SHB 1834 (ii) Does not use dark patterns to lead or encourage minors to provide personal information beyond what is reasonably expected to provide that online service, product, or feature.

(9) "Operator" means a person who operates or provides an internet website, an online service, an online application, or a mobile application.

(10) "Parent" means a parent or guardian.

(11)(a) "Personal information" means information that identifies or is reasonably capable of being associated or linked, directly or indirectly, with a particular individual or individual's household.

(b)p. "Personal information" does not include publicly available information.

(12)3 "PreciseHB location1834 information"(b) has"Personal theinformation" samedoes meaningnot asinclude definedpublicly inavailable RCWinformation. 19.373.010.

(13)(11) "Profiling""Precise meanslocation anyinformation" formhas ofthe automatedsame processingmeaning ofas personaldefined informationin thatRCW uses19.373.010. personal information to evaluate certain aspects relating to an individual, including analyzing or predicting aspects concerning an individual's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

(12) "Profiling" means any form of automated processing of personal information that uses personal information to evaluate certain aspects relating to an individual, including analyzing or predicting aspects concerning an individual's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

p.NEW SECTION.

4 SHB 1834 NEW SECTION.

(b) Provide any privacy information, terms of service, policies, and community standards concisely, prominently, and using clear languagep. suited to the age of minors likely to access that online service, product, or feature;

4 HB 1834 language suited to the age of minors likely to access that online service, product, or feature;

p.(A) Profiling is necessary to provide the online service, product, or feature requested and only with respect to the aspects of the online service, product, or feature with which the minor is actively and knowingly engaged;

5 SHB 1834 (A) Profiling is necessary to provide the online service, product, or feature requested and only with respect to the aspects of the online service, product, or feature with which the minor is actively and knowingly engaged;

(e) Collect, sell, or share any precise location information of minors by default unless the collection of that precise location informationp. is strictly necessary for the business to provide the service, product, or feature requested and then only for the limited time that the collection of precise location information is necessary to provide the service, product, or feature;

5 HB 1834 information is strictly necessary for the business to provide the service, product, or feature requested and then only for the limited time that the collection of precise location information is necessary to provide the service, product, or feature;

p.NEW SECTION.

6 SHB 1834 NEW SECTION.

(2)p. Commencing January 1, 2026, it shall be unlawful for a business that provides an online service, product, or feature likely to be accessed by minors, between the hours of 12:00 a.m.

6 HB 1834 (2) Commencing January 1, 2026, it shall be unlawful for a business that provides an online service, product, or feature likely to be accessed by minors, between the hours of 12:00 a.m.

(3) Require that the default feed provided to the user when entering the internet-based service or application be one in which pieces of media are not recommended, selected, or prioritized for display based on information provided by the user, or otherwise p.associated with the user or the user's device, other than the user's age or status as a minor;

7 SHB 1834 associated with the user or the user's device, other than the user's age or status as a minor;