On June 7, 2023, New York passed two significant bills aimed at enhancing online protection for minors: the Stop Addictive Feeds Exploitation (SAFE) for Kids Act and the New York Child Data Protection Act (CDPA). The SAFE Act targets social media platforms, prohibiting them from offering “addictive feeds” or sending notifications to users under 18 without parental consent. It requires these platforms to verify the age of users before providing such content and restricts notifications from 12 a.m. to 6 a.m. for minors.
The CDPA complements the SAFE Act by regulating the collection and use of minors’ personal data. It prohibits operators of online services and connected devices from processing personal data of minors unless specific conditions are met. The CDPA mandates informed consent for data processing, including clear consent requests and adherence to device signals indicating a user’s age.
Both acts impose stringent requirements on operators and processors, including the need for written agreements on data processing and obligations to delete improperly collected data. The CDPA also includes provisions for notifying third parties about data breaches and requires operators to respect clear device signals about user age.
If signed into law by Governor Hochul, these acts will create new regulatory burdens for entities operating in New York. They aim to address concerns about the impact of digital environments on children and ensure stronger protections against data misuse and addictive online content.
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