AB 2007: Youth programs: identifying information of youth.

Existing law makes a person who knowingly uses anothers name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without that persons prior consent, or, in the case of a minor, the prior consent of the persons parent or legal guardian, liable for damages, as specified, among other remedies, as prescribed. Existing law generally regulates organizations and businesses that provide athletic, instructional, or other services to minors by imposing disclosure, training, background check, and child abuse prevention requirements on those entities and their personnel.

This bill would prohibit an entity or organization that operates a specified nonschool youth programs program from using certain identifying information of a youth, including their picture, video, audio recording, likeness, and attributed statements, for communications, marketing, educational, or training purposes unless the program obtains express written consent from the parent or guardian after providing specified notice, as provided. or other purpose that exposes that information to the public unless the entity or organization obtains the parent or guardians express written consent on a specified notice. The bill would prohibit the program entity or organization from making participation contingent upon providing consent or selling that youth information. a youths enrollment or participation in the program contingent upon a parent or guardian consenting to the programs use of the youths information for any communications, marketing, or other purpose that exposes that information to the public. The bill would authorize a parent or guardian to revoke consent at any time during the youths enrollment in the covered program and up to one year after the youth is no longer enrolled in the program, and would require a covered entity to remove that information from communications, marketing, educational, and training materials within 7 days of receiving a notice of consent revocation. consent, as specified.

This bill would authorize a parent or guardian to bring a civil action against a program an entity or organization for noncompliance with these provisions and would provide for specified remedies, including, among others, specified civil penalties per youth who has had their the youths information disclosed and injunctive or declaratory relief.