Determination of whether an operator has knowledge fairly implied on the basis of objective circumstances that an individual is a child or teen

(a) Rules of construction For purposes of enforcing this title, in making a determination as to whether a social media platform has knowledge fairly implied on the basis of objective circumstances that a user is a child or teen, the Commission or the attorney general of a State, as applicable, shall rely on competent and reliable evidence, taking into account the totality of circumstances, including whether a reasonable and prudent person under the circumstances would have known that the user is a child or teen. (b) Protections for privacy Nothing in this title, including a determination described in subsection (a), shall be construed to require a social media platform to— (1) implement an age gating or age verification functionality; or (2) affirmatively collect any personal data with respect to the age of users that the social media platform is not already collecting in the normal course of business. (c) Restriction on use and retention of personal data If a social media platform or a third party acting on behalf of a social media platform voluntarily collects personal data for the purpose of complying with this title, the social media platform or a third party shall not— (1) use any personal data collected specifically for a purpose other than for sole compliance with the obligations under this title; or (2) retain any personal data collected from a user for longer than is necessary to comply with the obligations under this title or than is minimally necessary to demonstrate compliance with this title.