Idaho Children’s Privacy Laws (2026)

HB 542 (H0542), 2026 Reg. Sess.; Session Law Chapter 268

In force · Social media · effective 2026-07-01 · binds operators, platforms

Ages: 16 and younger ('Child' = Idaho resident sixteen (16) years of age or younger); parental consent required for Child accounts

Requires: Covered social media platforms (those that, with their parents, subsidiaries and affiliates, collectively earned at least $1 billion in worldwide advertising revenue in any of the preceding three years) must require a birth date at sign-up and, within 14 days after an account holder first reaches 25 and then 50 cumulative hours of use in a six-month period, estimate the holder's age from data they already hold, treating the holder as a 'Child' (an Idaho resident 16 or younger) unless at least 80% (then 90%) confident the holder is older than 16, and re-estimate at least every 100 further hours; accounts held continuously for at least seven years are exempt. Child accounts need verifiable parental consent, default to the most private settings, and may not show addictive interface features (infinite scroll, profile-based feeds, push notifications, autoplay, counts of others' reactions to or shares of the Child's posts, usage-based awards or badges) or profile-based paid ads; the consenting parent must be offered the option of a separate password to monitor the Child's time and set daily, weekly and time-of-day limits, unconsented Child accounts must be terminated after notice and a 30-day dispute window, and any minor's account must be closed within 7 days of the minor's or 14 days of a parent's request. Enforced by a private right of action for Children and parents (for reckless or knowing violations, the greater of actual damages or $10,000; no liability where the platform used reasonable means and efforts to comply) and by the Attorney General for knowing or reckless violations.

Litigation: No lawsuit filed and no injunction (NetChoice and CCIA opposed the bill in committee and by veto request but have not sued). In force since 2026-07-01; the Senate amendment adopted before passage changed only the Section 1 age language, not the July 1, 2026 effective date.

Entry last reviewed 2026-10-01

S 1297 (Session Law Chapter 249); Idaho Code § 48-2101 [48-2201] et seq.

Enacted, not yet effective · AI companion · effective 2027-07-01 · binds operators

Ages: All users for the general AI disclosure; heightened duties for users the operator knows or is reasonably certain are under 18

AI chatbot access for minors: Safeguards only (enacted, applies from 2027-07-01).

Requires: Operators of conversational AI services must clearly disclose that the service is AI where a reasonable person would otherwise be misled, must run a protocol for prompts about suicidal ideation that makes reasonable efforts to refer users to crisis services such as a suicide hotline or crisis text line, may not knowingly program the service to claim it is designed to provide professional mental or behavioral health care, and must offer account holders tools to manage privacy and account settings, extended to parents of under-13s and, as appropriate, to parents of older minors. For minors (users the operator knows, or is reasonably certain, are under 18), operators must disclose AI status through a persistent visible disclaimer or at the start of each session and at least every three hours of continuous interaction, may not give them points or similar rewards at unpredictable intervals to drive engagement, and must take reasonable measures to stop the service from producing sexually explicit visual material, urging them toward sexually explicit conduct, sexually objectifying them, or making statements that would lead a reasonable person to think it is human, such as claims of sentience, simulated emotional dependence, romantic or sexual innuendo, or adult-minor romantic role-play. Enforced by the Attorney General, with injunctive relief plus the greater of actual damages or civil penalties of $1,000 per violation capped at $500,000 per operator; the act expressly creates no private right of action.

Litigation: None. Not challenged.

Entry last reviewed 2026-10-01