Discloses to a parent the personal information and content about a minor collected by an operator of an internet platform when a parent requests such information.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3320
SPONSOR: Vanel TITLE OF BILL:
An act to amend the general business law, in relation to disclosing to a
parent the personal information and content about a minor collected by
an operator of an internet platform
PURPOSE OR GENERAL IDEA OF BILL:
Relates to disclosing to a parent the person information and content
about a minor collected by an operator of an internet platform.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides important definitions. It also provides the obli-
gations of the operator when they receive request from parents to obtain
their minors' data, which include providing the parent with copies of
all the advertisements shown to their child and the identifiers which
were used to generate those advertisements. Additionally, it provides
defenses to providing the information:
JUSTIFICATION:
The Child Online Privacy Protection Act ("COPPA") provides, in relevant
part, that online operators are required to provide to a verified
parent, upon request, a description of the information collected from
the parent's minor child, the opportunity to compel the operator to
cease collecting the child information, and any personal information
collected from the child so long as the request is reasonable.
Parents undoubtedly have the right to know two things: what their chil-
dren see, and what tech conglomerates know about their children. COPPA
does not yet address the two critical pieces of information that meet
those two requirements, namely, advertisements that their children were
exposed to, and the identifiers used to produce those advertisements.
Parents ought to know what content their children are seeing, at least,
in regard to the content that tech conglomerates promote to their chil-
dren. This is because it is the right of every parent to raise their
child in the manner that they see fit. Intrusive outside influences have
the inherent capacity to corrupt and alter an impressionable child's
morality and principles that a child's parents teach to them. Given that
under federal law, these companies have virtually unrestricted freedom
to promote inflammatory and deleterious content to anyone as long as
they do not have "actual knowledge" of their age, it is critical that
parents have the right and ability to counteract the harmful messages
that their children are being exposed to without the parent's guidance.
Similarly, if parents are given the ability to see what tech companies
know about their children, they can use that information to better
steer, their children toward more appropriate content, as well as use it
to investigate for themselves the objectionable messaging that led to
the creation of these identifiers in the first place.
PRIOR LEGISLATIVE HISTORY:
1/21/22 referred to consumer affairs and protection
02/16/23 amend and recommit to consumer affairs and protection
02/16/23 print number 936a
01/03/24 referred to consumer affairs and protection
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
