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A09027 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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A09027 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 21, 2022
        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Consumer Affairs and Protection
        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)  "identifiers" shall mean any information which is generated by an
    14  operator, whether automatically or manually, through the minor's  online
    15  activity, whether on the operator's platform or otherwise.
    16    (c)  "internet"  shall  mean  the  myriad of computer and telecommuni-
    17  cations facilities, including equipment and  operating  software,  which
    18  comprise  the  interconnected  worldwide network of networks that employ
    19  the transmission control protocol/internet protocol, or any  predecessor
    20  or  successor  protocols to such protocol, to communicate information of
    21  all kinds by wire or radio.
    22    (d) "parent" shall mean a legal guardian under the laws of  the  state
    23  of New York.
    24    (e)  "verified  parent"  shall mean a person who is determined to be a
    25  legal guardian by the operator in accordance with the  methods  provided
    26  in 15 USC § 6501(9).
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9027                             2
     1    (f)  "minor"  shall  mean any person in the state who has not attained
     2  the age of thirteen.
     3    (g)  "platform"  shall mean an application or website that serves as a
     4  base from which the interactive computer service is provided.
     5    (h) "content" shall mean the textual, visual or aural information that
     6  is generated by a third-party or the operator.
     7    (i) "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    (j) "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    (a) provide the verified parent with digital or physical copies of all
    14  advertisements and other content which the minor was shown by the opera-
    15  tor  on  the  operator's  platform  that  were shown solely based on the
    16  minor's identifiers; and
    17    (b) provide the verified parent with the identifiers which the  opera-
    18  tor  generated  by  utilizing  the  child's online activity whether that
    19  activity is tracked on or off the operator's platform.
    20    3. It shall be a defense to this section that the operator  is  unable
    21  to  provide  the information required in subdivision two of this section
    22  due to foreseeable  or  unforeseeable  circumstances  that  prevent  the
    23  disclosure of such information that is not the fault of the operator.
    24    4.  This  section shall not be construed as imposing any obligation on
    25  an operator for disclosing the information required in  subdivision  two
    26  of  this section to a verified parent during the period of time in which
    27  the operator did not have actual knowledge of the child's age.
    28    § 2. This act shall take effect on the thirtieth day  after  it  shall
    29  have become a law.
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