Creates the Social Media User Rights and Deletion Act

SECOND REGULAR SESSION
HOUSE BILL NO. 3185
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE STEINMETZ.
4627H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 407, RSMo, by adding thereto one new section relating to social media
platforms, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto one new section, to be
2 known as section 407.3500, to read as follows:
407.3500. 1. This section shall be known and may be cited as the "Social Media
2 User Rights and Deletion Act".
3 2. As used in this section, the following terms mean:
4 (1) "Clear and conspicuous", a statement, button, or notice that is rea dily visible
5 and easily understood by a re asonable user;
6 (2) "Dark pattern", any user interface design that has the substantial effect of
7 subverting or impairing user autonomy , decision-making, or choice;
8 (3) "Personal information", data that identifies, relat es to, describes, or could
9 r easonably be linked, dir ectly or indirect ly , with a particular user;
10 (4) "Social media platform", any online service or application thr ough which a
11 user cr eates, shares , and views user -generated content and that generates mor e than one
12 hundr ed million dollars in annual gro ss re venue.
13 3. (1) Every social media platform operating in this state shall pr ovide a clear
14 and conspicuous button labeled "Delete Account" that enables a user to permanently
15 delete the user's account and all personal information associated with such account.
16 (2) The button shall be clearly displayed and immediately accessible within the
17 application, website, or any other format used to access the social media platform.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (3) When a user selects the button, the social media platform shall pr ovide the
19 user with a direct, simple, and clearly explained pr ocess for completing the deletion of
20 the account and associated personal information.
21 4. (1) If a social media platform seeks verification of a re quest to delete the
22 account, that verification shall be done in a cost-effective and easy-to-use manner when
23 the requ est is submitted thr ough pr eestablished two-factor authentication, email, text
24 message, telephone call, or message.
25 (2) A user login to an account after a deletion req uest has been submitted shall
26 not, by itself, revoke or cancel the r equest for deletion.
27 5. A social media platform shall not obstruct, delay , or interfer e with a user's
28 ability to delete their account including, but not limited to, using dark patterns or
29 misleading design practices.
30 6. A violation of this section shall be deemed an unlawful mer chandising practice
31 under section 407.020 and shall be subject to all penalties, rem edies, and enforce ment
32 pr ovisions under sections 407.010 to 407.130.
33 7. The attorney general shall have all powers, rights, and duties rela ting to the
34 violation of this section as are pro vided in sections 407.010 to 407.130, in addition to
35 rulemaking authority under section 407.145.
✔
HB 3185 2