CAADCA Section 1798.99.31(a)(6) - Profiling by Default
Profiling of children is prohibited by default unless necessary for the actively used feature with safeguards, or demonstrably in children's best interests
Where this comes from
Provision: Section 1798.99.31(a)(6) - Profiling by Default
Instrument: California Age-Appropriate Design Code Act (AB 2273)
Citation: Cal. Civ. Code § 1798.99.31(a)(6), California Age-Appropriate Design Code Act (AB 2273)
Text version: California Age-Appropriate Design Code Act, AB-2273 (2022); Cal. Civ. Code §§ 1798.99.28–1798.99.40
Who it applies to
Likely accessed by children — all of these:
- Service is likely to be accessed by children under 18
Profiling indicator (any) — any one of these:
- Service collects behavioral data
- Service uses content personalization
- Service uses recommendation algorithms
- Service serves targeted advertising
…unless:
- Profiling is permitted where strictly necessary to provide the service requested by the child. (Cal. Civ. Code § 1798.99.31(c)(2))
- Profiling for legal compliance, fraud prevention, or safety is permitted. (Cal. Civ. Code § 1798.99.31(c)(3))
Scope in the source's own terms
- Service uses profiling of children
- Profiling affects child users
- Service available to California residents
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- User model has `profilingEnabled` boolean field (default: false)
- Recommendation engine checks profilingEnabled before processing user
- Behavioral tracking skips users with profilingEnabled=false
- Ad targeting excludes users with profilingEnabled=false
- Admin dashboard shows count of users with profiling disabled
Evidence an auditor expects
- Technical controlTechnical audit
Profiling restriction implementation
Code/configuration showing profiling disabled for child users except where strictly necessary
- Policy documentDocument review
Profiling policy for children
Policy documenting any profiling of children with necessity justification
Questions people ask
- Does CAADCA Section 1798.99.31(a)(6) - Profiling by Default apply to my service?
- It applies when Service is likely to be accessed by children under 18; and at least one of: Service collects behavioral data; Service uses content personalization; Service uses recommendation algorithms; Service serves targeted advertising. It does not apply where Profiling is permitted where strictly necessary to provide the service requested by the child. (Cal. Civ. Code § 1798.99.31(c)(2)).
- From when does this apply?
- CAADCA Section 1798.99.31(a)(6) - Profiling by Default applies from 1 July 2024. Its current status is: in force.
- What evidence does an auditor expect?
- Profiling restriction implementation; Profiling policy for children.
Find out whether this one lands on you
Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.
Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.