NY State Senate Bill 2025-S4562

Senate Bill S4562

2025-2026 Legislative Session

Provides for disclosing to a parent the personal information and content about a minor collected by an operator of an internet platform

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Current Bill Status - In Senate Committee Internet And Technology Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2025	referred to internet and technology

co-Sponsors

2025-S4562 (ACTIVE) - Details

Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add §392-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8317
2023-2024: S2324

2025-S4562 (ACTIVE) - Summary

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.

2025-S4562 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4562

SPONSOR: BAILEY
 
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:

To disclose to a parent what personal information and content an opera-
tor of an internet platform collects about their child.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends the general business law to add a new section requiring
an operator of an internet platform to provide, upon a verified parent's
request, digital or physical copies of all advertisements and other
content shown to the minor. The bill defines the terms to be used and
contains exemptions under certain circumstances.

 
JUSTIFICATION:

The federal Child Online Privacy Protection Act (COPPA) provides, in
relevant part, that online platforms are required to provide to a veri-
fied parent, upon request, a description of the information collected
from the parent's minor child, and the opportunity to compel the opera-
tor to cease collecting the child's information and any other personal
information collected from the child so long as the request is reason-
able.

A parent ought to know what content is being targeted to their child and
what information tech companies are collecting about their child.  COPPA
does not yet address the identifiers online platforms generate to enable
advertisers to target a child. Such targeting has the capacity to
corrupt and alter an impressionable child's world view.

Given that, under federal law, tech companies have virtually unre-
stricted freedom to promote inflammatory and deleterious content to
children, so long as they do not have "actual knowledge" of their age,
it is critical that a parent has the right and ability to counteract any
harmful messages their child may be exposed to.  Similarly, if a parent
is given the ability to see what tech companies know about their child,
they can use that information to better steer their child toward more
appropriate content.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: Committed to Rules

2023-24: Referred to Internet and Technology

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2025-S4562 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4562
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2025
                                ___________
 
 Introduced  by  Sens.  BAILEY, MURRAY -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Internet  and
   Technology
 
 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:
 
   Section 1. The general business law is amended by adding a new section
 392-k to read as follows:
   § 392-K. DISCLOSURE OF PERSONAL INFORMATION AND CONTENT ABOUT A  MINOR
 COLLECTED  BY  AN  OPERATOR  OF AN INTERNET PLATFORM. 1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "OPERATOR" SHALL MEAN AND INCLUDE A PLATFORM LOCATED ON THE INTER-
 NET OR AN ONLINE SERVICE WHO COLLECTS OR MAINTAINS PERSONAL  INFORMATION
 FROM  OR  ABOUT  THE  USER  OF  OR  VISITORS  TO SUCH PLATFORM OR ONLINE
 SERVICE, OR ON WHOSE BEHALF SUCH INFORMATION IS COLLECTED OR MAINTAINED,
 WHERE SUCH  PLATFORM  OR  ONLINE  SERVICE  IS  OPERATED  FOR  COMMERCIAL
 PURPOSES,  INCLUDING  ANY  PERSON OFFERING PRODUCTS OR SERVICES FOR SALE
 THROUGH SUCH PLATFORM OR ONLINE SERVICE.
   (B) "IDENTIFIERS" SHALL MEAN ANY INFORMATION WHICH IS GENERATED BY  AN
 OPERATOR,  WHETHER AUTOMATICALLY OR MANUALLY, THROUGH THE MINOR'S ONLINE
 ACTIVITY, WHETHER ON THE OPERATOR'S PLATFORM OR OTHERWISE.
   (C) "INTERNET" SHALL MEAN THE  MYRIAD  OF  COMPUTER  AND  TELECOMMUNI-
 CATIONS  FACILITIES,  INCLUDING  EQUIPMENT AND OPERATING SOFTWARE, WHICH
 COMPRISE THE INTERCONNECTED WORLDWIDE NETWORK OF  NETWORKS  THAT  EMPLOY
 THE  TRANSMISSION CONTROL PROTOCOL/INTERNET PROTOCOL, OR ANY PREDECESSOR
 OR SUCCESSOR PROTOCOLS TO SUCH PROTOCOL, TO COMMUNICATE  INFORMATION  OF
 ALL KINDS BY WIRE OR RADIO.
   (D)  "PARENT"  SHALL MEAN A LEGAL GUARDIAN UNDER THE LAWS OF THE STATE
 OF NEW YORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06936-02-5

 S. 4562                             2
 
   (E) "VERIFIED PARENT" SHALL MEAN A PERSON WHO IS DETERMINED  TO  BE  A
 LEGAL  GUARDIAN  BY THE OPERATOR IN ACCORDANCE WITH THE METHODS PROVIDED
 IN 15 USC § 6501(9).
   (F)  "MINOR"  SHALL  MEAN ANY PERSON IN THE STATE WHO HAS NOT ATTAINED
 THE AGE OF THIRTEEN.
   (G) "PLATFORM" SHALL MEAN AN APPLICATION OR WEBSITE THAT SERVES  AS  A
 BASE FROM WHICH THE INTERACTIVE COMPUTER SERVICE IS PROVIDED.
   (H) "CONTENT" SHALL MEAN THE TEXTUAL, VISUAL OR AURAL INFORMATION THAT
 IS GENERATED BY A THIRD-PARTY OR THE OPERATOR.
   (I)  "TRACKED"  SHALL MEAN TO MONITOR A MINOR'S ACTIVITY ON OR OFF THE
 OPERATOR'S PLATFORM FOR THE PURPOSE OF DETERMINING A USER'S IDENTIFIERS.
   (J) "IDENTIFIERS" SHALL MEAN THE INFORMATION GENERATED FROM TRACKING A
 MINOR WHICH ASSIGNS TO THEM CERTAIN FACTORS WHICH ARE USED FOR CONVEYING
 CONTENT TO THE MINOR.
   2. UPON REQUEST FROM A VERIFIED PARENT OF A MINOR, AN OPERATOR SHALL:
   (A) PROVIDE THE VERIFIED PARENT WITH DIGITAL OR PHYSICAL COPIES OF ALL
 ADVERTISEMENTS AND OTHER CONTENT WHICH THE MINOR WAS SHOWN BY THE OPERA-
 TOR ON THE OPERATOR'S PLATFORM THAT  WERE  SHOWN  SOLELY  BASED  ON  THE
 MINOR'S IDENTIFIERS; AND
   (B)  PROVIDE THE VERIFIED PARENT WITH THE IDENTIFIERS WHICH THE OPERA-
 TOR GENERATED BY UTILIZING THE  CHILD'S  ONLINE  ACTIVITY  WHETHER  THAT
 ACTIVITY IS TRACKED ON OR OFF THE OPERATOR'S PLATFORM.
   3.  IT  SHALL BE A DEFENSE TO THIS SECTION THAT THE OPERATOR IS UNABLE
 TO PROVIDE THE INFORMATION REQUIRED IN SUBDIVISION TWO OF  THIS  SECTION
 DUE  TO  FORESEEABLE  OR  UNFORESEEABLE  CIRCUMSTANCES  THAT PREVENT THE
 DISCLOSURE OF SUCH INFORMATION THAT IS NOT THE FAULT OF THE OPERATOR.
   4. THIS SECTION SHALL NOT BE CONSTRUED AS IMPOSING ANY  OBLIGATION  ON
 AN  OPERATOR  FOR DISCLOSING THE INFORMATION REQUIRED IN SUBDIVISION TWO
 OF THIS SECTION TO A VERIFIED PARENT DURING THE PERIOD OF TIME IN  WHICH
 THE OPERATOR DID NOT HAVE ACTUAL KNOWLEDGE OF THE CHILD'S AGE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S4562

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Sponsored By

Jamaal T. Bailey