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New York: Bill establishing New York child data protection act passes both Houses

On June 7, 2024, Senate Bill 7695B for an act to amend the general business law, in relation to establishing the New York child data protection act passed in the Assembly. This follows the bill's passage in the House of Representatives on June 6, 2024. The bill substitutes Assembly Bill 8149A for the New York child data protection act which essentially has the same text.

What are the main provisions of the bill?

The bill aims to protect the privacy of children and young adults by restricting digital services from collecting or using the personal data of users they know are under the age of 18 without consent, and prohibiting or requiring safeguards for the sale or disclosure of the personal data of users they know are under the age of 18.

In particular, the bill provides that operators shall not process the personal data of users that are 12 years old or younger unless permitted under the Regulation of unfair and deceptive acts and practices in connection with the collection and use of personal information from and about children on the internet. In relation to users 13 years of age or older, operators may process their personal data if informed consent has been obtained or if it is strictly necessary for specific activities listed in the bill, such as providing or maintaining a specific product or service requested by the user.

Under the bill, requests for informed consent shall:

  • be made separately from any other transaction or part of a transaction;
  • be made in the absence of any mechanism that has the purpose or substantial effect of obscuring, subverting, or impairing a user's decision-making regarding authorization for the processing;
  • clearly and conspicuously state that the processing for which the consent is requested is not strictly necessary and that the user may decline without preventing continued use of the website, online service, online application, mobile application, or connected device; and
  • clearly present an option to refuse to provide consent as the most prominent option.

The bill also provides that informed consent, once given, shall be freely revocable at any time, and shall be at least as easy to revoke as it was to provide.

If enacted, the bill would take effect one year after it becomes law.

Support for the bill

Both the New York Governor and the Attorney General (AG) have commented in support of the bill.

You can read the bill here, track its progress here, read the Governor's press release here, and read the AG's press release here.