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setting that flag involves the leakable process.
Again, I'm only going by the Californian bill, but that one is pretty clear that the person setting up the account should either supply the user's birth date, or the age bracket they are in. There is nothing indicating this should be validated in any way. I'd agree that, if the machine was compromised, and the user's birth date was used, it would be possible to leak that data, but given those preconditions, it would be one of the least interesting things leaked. I'd certainly prefer to just store the age bracket, and have a way for the computer admin update it as the user grows towards their 18th birthday.