Legislative record
Youth programs: identifying information of youth.
Existing law makes a person who knowingly uses another's 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 person's prior consent, or, in the case of a minor, the prior consent of the person's 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 program from using certain identifying information of a youth, including their picture, video, audio recording, likeness, and attributed statements, for communications, marketing, or other purpose that exposes that information to the public unless the entity or organization obtains the parent or guardian's express written consent on a specified notice. The bill would prohibit the entity or organization from making a youth's enrollment or participation in the program contingent upon a parent or guardian consenting to the program's use of the youth's 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, as specified. This bill would authorize a parent or guardian to bring a civil action against 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 the youth's information disclosed and injunctive or declaratory relief.