The Maryland Legislature passed two sweeping privacy bills over the weekend despite objections from industry trade groups representing tech giants like Amazon, Google, and Meta. One bill, the Maryland Online Data Privacy Act, restricts how companies can collect and use personal data of consumers in the state. The other, the Maryland Kids Code, aims to protect young people by prohibiting certain online platforms from tracking those under 18 and using manipulative techniques to keep them online. Delegate Sara Love sponsored the consumer bill and described the passage of both measures as a significant milestone in privacy protection for Marylanders.
Gov. Wes Moore of Maryland, a Democrat, will need to approve the new rules. If enacted, Maryland will join a handful of states with comprehensive privacy legislation and children’s online privacy safeguards. However, the tech industry has challenged similar laws in other states. NetChoice, a trade group representing Amazon, Google, and Meta, has sued to halt children’s online privacy restrictions in multiple states, citing constitutional rights to freely distribute information as the basis for their opposition.
The Maryland Kids Code is inspired by a 2022 California law that mandates high privacy settings by default for minors on social media and video game platforms. The bill also prohibits unnecessary profiling and location tracking of minors. A federal judge in California temporarily blocked their children’s code law on free speech grounds after a challenge from NetChoice. The Maryland Kids Code has faced similar objections, but lawmakers revised it to address free speech concerns before passing it unanimously.
Delegate Jared Solomon, who sponsored the Maryland Kids Code, hopes that Maryland will withstand any court challenges that arise. The bill aims to protect minors online while balancing the rights of companies to distribute information freely. The Maryland Online Data Privacy Act, passed alongside the children’s code bill, requires companies to minimize data collection about online consumers and restricts the collection and sharing of sensitive personal information unless strictly necessary. Several tech industry trade groups have strongly opposed this bill, arguing that it infringes on companies’ rights and privacy.
Maryland lawmakers worked with constitutional experts to address free speech concerns before passing both bills aimed at protecting consumer and children’s privacy online. Industry trade groups like NetChoice have challenged similar laws in other states, but Maryland lawmakers are committed to withstanding any court challenges that may arise. The passage of these bills marks a significant step in enhancing privacy protections for Maryland consumers and young people online. Gov. Wes Moore’s approval is required for the new rules to be enacted, aligning Maryland with other states that have passed comprehensive privacy legislation and children’s online privacy safeguards.
