Youth programs: identifying information of youth.

The prohibited uses of youth information were narrowed from 'communications, marketing, educational, or training purposes' to 'communications, marketing, or other purpose that exposes that information to the public.' This means programs can now use a youth's photo or likeness for internal educational or training purposes without parental consent, as long as it is not made publicly accessible.

The requirement that a covered entity remove a youth's covered information from materials within seven days of receiving a consent revocation notice was deleted. The bill now only states that entities are not required to remove information from materials already published or printed before the revocation, but no affirmative deadline for removal is specified.

The notice requirement was made less specific. Instead of requiring a 'detailed list of all websites, brochures, or other materials or media' where the youth's information will be used, the new version only requires 'a description of the types of materials or media' and 'a list of the types of internet websites' on which information may be published.

The consent requirement was changed from 'express written or electronic signature' to 'express written consent,' removing the explicit option for electronic signatures.

The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now carries state fiscal implications requiring fiscal committee review.

The definition of covered program now explicitly includes day or overnight camps in addition to expanded learning, arts, athletics, recreation, and educational enrichment programs.

The bill now defines 'covered entity' as an organization that operates a covered program, and separately defines 'covered program' with a two-part test: (1) requires parent signature or in loco parentis authorization, and (2) is offered primarily outside school hours and not operated by a public or private elementary or secondary school.

A new carve-out was added to the definition of 'marketing purposes': materials shared with a parent or guardian of a participating youth are not considered marketing if they cannot be accessed by the general public.

The consent requirement now applies to any purpose that exposes a youth's information to the public, not just communications, marketing, educational, or training purposes. This broadens when parental consent is required.

The prohibition on 'sharing' covered information was removed. The bill now only prohibits selling a youth's covered information, regardless of whether consent was obtained.

The notice requirements were revised: instead of requiring a detailed list of all websites and materials, the notice now requires a description of proposed uses including types of media and a list of internet websites. A new requirement (subparagraph E) mandates that the notice include an email address for contacting the program about consent scope, revocation, or other issues.

The prohibition on making enrollment contingent on consent was elevated to its own standalone subdivision (b), applying to any purpose that exposes information to the public rather than just marketing purposes.

The exception for previously distributed materials upon revocation was expanded from 'printed prior to' receiving a revocation notice to 'published or printed prior to,' covering digital publications as well.

The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now carries an identified fiscal impact on state or local government.

The definition of 'covered entity' now requires that the program demands a parent signature, consent form authorization, or in loco parentis designation. Programs that do not require parental involvement are no longer covered.

New exclusion: businesses hosting or participating in a field trip or other occasional activity (amusement parks, zoos, aquariums, restaurants, fairs, movie theaters) are not considered covered entities.

Permitted uses of youth information expanded from 'marketing purposes' only to 'communications, marketing, educational, or training purposes.' Programs may now use photos and other identifying info for internal educational and training materials with consent.

Parents may revoke consent at any time during enrollment and up to one year after the youth leaves the program. The covered entity must remove the youth's information from communications, marketing, educational, and training materials within 7 days of receiving a revocation notice. Materials already printed are exempt.

New savings clause (subsection d) states the section does not impair other rights or causes of action under any other law, including Civil Code Section 3344 (right of publicity), and that remedies are cumulative with those available elsewhere.

The notice given to parents must now clearly and conspicuously state that enrollment or participation is not contingent upon consent, strengthening the prior prohibition on conditioning participation on consent.

Civil penalty changed from a flat $5,000 per youth to a tiered structure: $2,500 for a first offense and $5,000 for any subsequent offense, per youth whose information was disclosed.

The definition of 'covered information' now includes 'statement' and 'personal information, as that term is defined in Section 1798.140 of the Civil Code,' broadening the scope of protected data to align with the California Consumer Privacy Act's definition.

The definition of 'marketing purposes' now explicitly includes 'public-facing materials that describe the programs or solicit participation,' closing a potential gap where program promotional content might not have been clearly covered.

The notice requirement for parental consent was strengthened: instead of simply stating 'the reason for the request,' the notice must now state that the parent is providing consent for use of youth information for communications or marketing purposes and must include a detailed list of all types of communications or marketing purposes for which consent is sought.

A new notice requirement (subparagraph iv) was added requiring that the consent notice inform parents they may revoke consent at any time and provide an email address to do so.

The civil action provision now specifies that a parent or guardian may bring a civil action 'in a court of competent jurisdiction,' adding a minor technical clarification to the enforcement mechanism.