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A00936 Summary:

Add §392-k, Gen Bus L
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.
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A00936 Actions:

01/11/2023referred to consumer affairs and protection
02/16/2023amend and recommit to consumer affairs and protection
02/16/2023print number 936a
01/03/2024referred to consumer affairs and protection
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A00936 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2023
        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Consumer Affairs  and  Protection  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
        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
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  392-k to read as follows:
     3    §  392-k. Disclosure of personal information and content about a minor
     4  collected by an operator of an internet platform. 1.  As  used  in  this
     5  section, the following terms shall have the following meanings:
     6    (a) "operator" shall mean and include a platform located on the inter-
     7  net  or an online service who collects or maintains personal information
     8  from or about the user  of  or  visitors  to  such  platform  or  online
     9  service, or on whose behalf such information is collected or maintained,
    10  where  such  platform  or  online  service  is  operated  for commercial
    11  purposes, including any person offering products or  services  for  sale
    12  through such platform or online service.
    13    (b)  "internet"  shall  mean  the  myriad of computer and telecommuni-
    14  cations facilities, including equipment and  operating  software,  which
    15  comprise  the  interconnected  worldwide network of networks that employ
    16  the transmission control protocol/internet protocol, or any  predecessor
    17  or  successor  protocols to such protocol, to communicate information of
    18  all kinds by wire or radio.
    19    (c) "verified parent" shall mean a person who is determined  to  be  a
    20  legal  guardian  by the operator in accordance with the methods provided
    21  in 15 USC § 6501(9).
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 936--A                           2
     1    (d) "minor" shall mean any person in the state who  has  not  attained
     2  the age of thirteen.
     3    (e)  "platform"  shall mean an application or website that serves as a
     4  base from which the interactive computer service is provided.
     5    (f) "content" shall mean the textual, visual or aural information that
     6  is generated by a third-party or the operator.
     7    (g) "tracked" shall mean to monitor a minor's activity on or  off  the
     8  operator's platform for the purpose of determining a user's identifiers.
     9    (h) "identifiers" shall mean the information generated from tracking a
    10  minor which assigns to them certain factors which are used for conveying
    11  content to the minor.
    12    2.  Upon request from a verified parent of a minor, an operator shall,
    13  to the extent practicable:
    14    (a) provide the verified parent with digital or physical copies of all
    15  advertisements and other content which the minor was shown by the opera-
    16  tor on the operator's platform that  were  shown  solely  based  on  the
    17  minor's identifiers; and
    18    (b)  provide the verified parent with the identifiers which the opera-
    19  tor generated by utilizing the  child's  online  activity  whether  that
    20  activity is tracked on or off the operator's platform.
    21    3.  It  shall be a defense to this section that the operator is unable
    22  to provide the information required in subdivision two of  this  section
    23  due  to  foreseeable  or  unforeseeable  circumstances  that prevent the
    24  disclosure of such information that is not the fault of the operator.
    25    4. This section shall not be construed as imposing any  obligation  on
    26  an  operator  for disclosing the information required in subdivision two
    27  of this section to a verified parent during the period of time in  which
    28  the operator did not have actual knowledge of the child's age.
    29    §  2.  This  act shall take effect on the thirtieth day after it shall
    30  have become a law.
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