USA – GEORGIA Trends and Developments Contributed by: Rose J Hunter Jones and Meredith Perlman, Hilgers Graben PLLC
SB 473 places significant obligations on control - lers and processors, including the following. • Controllers must provide clear privacy notices outlining the categories of personal informa - tion processed, the purposes for processing, and how consumers can exercise their rights. • Businesses must implement reasonable administrative, technical, and physical security measures to protect consumer data, tailored to the sensitivity and volume of the data. • The Act requires limiting data collection and processing to what is necessary for disclosed purposes. • Special protections are mandated for sen - sitive data, including health information, biometric data, and precise geolocation data, requiring explicit consumer consent for pro - cessing. The Georgia Attorney General holds exclusive enforcement authority under SB 473. Business - es have a 60-day cure period to address alleged violations before facing legal action. Civil penal - ties include fines of up to USD7,500 per viola - tion, with the possibility of treble damages for wilful or knowing violations. Importantly, the Act does not provide a private right of action, limiting enforcement to state authorities. SB 473 reflects a growing trend toward com - prehensive data privacy legislation across the United States. For businesses operating in Geor - gia, compliance will require proactive measures, including: • conducting data protection assessments for high-risk activities, such as targeted advertis - ing or the sale of personal data; • implementing robust data governance frame - works, potentially aligned with the National
Institute of Standards and Technology (NIST) privacy framework; and • training employees on privacy practices and consumer rights to mitigate compliance risks. Overview of SB 351: Protecting Georgia’s Children on Social Media Act Signed into law by Governor Brian Kemp on 23 April 2024, the Protecting Georgia’s Children on Social Media Act aims to safeguard minors and promote responsible digital behaviour through measures regulating social media access and content exposure. Effective 1 July 2025, the Act introduces new requirements for social media platforms, public schools, and commercial enti - ties handling content accessible to minors. The legislation mandates that social media plat - forms verify the age of users and obtain parental consent for minors under the age of 16 before granting account access. Platforms must also restrict targeted advertising and data collection for minor users to safeguard their privacy and limit harmful content exposure. Additionally, par - ents are entitled to request detailed information about platform features for censoring or moder - ating content their children may access. Public schools in Georgia are also subject to new obligations under the Act. Each local governing body must adopt and enforce a social media policy by 1 April 2025, including measures to block student access to social media platforms via school-owned devices and networks, except under strict educational supervision. Schools must provide transparency to parents regarding their children’s social media activity and include components on online safety and responsible digital citizenship in educational programmes. The Act further extends liability to commer - cial entities hosting content deemed harmful
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