Parental consent
Authorized approval from a minor's parent or guardian.
How the laws define this
Both instruments establish that parental consent represents permission or authorization granted by a minor's parent or legal guardian to allow a minor to engage in specific online activities. The key divergence lies in the strictness and explicit scope of the required authorization. The Walker Montgomery Protecting Children Online Act (Mississippi House Bill 1126, 2024) mandates an affirmative, verifiable authorization, applying it specifically before a covered digital service allows access or collects or shares personal identifying information. Conversely, the instrument titled To repeal sections 573.010 and 573.550, RSMo, and to enact in lieu thereof seven new sections relating to the protection of certain individuals affected by digital media, with penalty provisions describes consent more generally as permission to engage in activities like creating a social media account or accessing specific content, omitting explicit requirements for the permission to be affirmative or verifiable, and omitting direct references to data collection or sharing.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
What it triggers
- In the Walker Montgomery Protecting Children Online Act (Mississippi House Bill 1126, 2024), it requires a covered digital service to obtain it before allowing a minor to access the service or before collecting or sharing the minor's personal identifying information.
- Missouri's HCS HBs 3393 & 2392 would have required it for a minor to engage in certain activities, especially online, such as creating a social media account or accessing specific content.source
Definitions (2)
An affirmative, verifiable authorization obtained from a minor's parent or legal guardian, as required by the Act before a covered digital service allows a minor to access the service or before collecting or sharing the minor's personal identifying information.
Permission given by a parent or legal guardian for a minor to engage in certain activities, especially online, such as creating a social media account or accessing specific content.
Not to be confused with
Explicit consent is clearly demonstrable, specific and withdrawable consent, while parental consent specifically requires authorization from a parent or legal guardian for a minor.
Questions and answers
What is required before a minor can access a covered digital service under Mississippi's law?
An affirmative, verifiable authorization must be obtained from the minor's parent or legal guardian before allowing access or collecting or sharing personal identifying information.
Does parental consent apply to social media accounts for minors in Missouri?
Missouri's HCS HBs 3393 & 2392 would have required permission from a parent or legal guardian for a minor to create a social media account or access specific content online.
What makes parental consent verifiable in the Mississippi Act?
It is an affirmative, verifiable authorization obtained from a minor's parent or legal guardian as required by the Act.
Related Terms
Child user
A user classified as a child under the Act....
Personal identifying information
Data that identifies or could identify a minor....
Known minor
A user the provider knows is under 18 years old....
Explicit Consent
Clearly demonstrable, specific and withdrawable consent....
Minimum age
Statutory age threshold triggering child-protection duties....