On August 1, 2024, the New York Attorney General (AG) opened two advanced notices of proposed rulemaking for public comments, one regarding the SAFE for Kids Act and the other on the Child Data Protection Act.

What is the purpose of the notices?

The legislature has charged the AG with promulgating regulations in order to make some provisions of the SAFE for Kids Act and the Child Data Protection Act effective. In relation to the SAFE for Kids Act, the AG is tasked with defining:

• commercially reasonable and technically feasible age determination methods;
• methods for obtaining verifiable parental consent; and
• the 12 most commonly spoken languages in New York.

Regarding the Child Data Protection Act, the AG is charged with defining:

• websites and online services that are primarily directed to minors;
• personal data account for anonymized or deidentified data that could potentially still be relinked to a specific individual;
• instances where personal data can be shared without constituting a sale of personal data;
• conditions for processing data without requiring specific consent;
• conditions for obtaining informed consent from teenagers; and
• requirements for parental consent.

Public comments

The AG is soliciting comments, including personal experiences, research, technology standards, and industry information, that will assist the AG in determining what rulemaking will be most important to effectuate the purposes of the SAFE for Kids Act and the Child Data Protection Act.

Public comments can be submitted to [email protected] regarding the SAFE for Kids Act and to [email protected] regarding the Child Data Protection Act until September 30, 2024.

You can read the notices here and the press release here.