United States of America: Introduced New York Child Data Protection Act (S. 3281)

On 11 October 2023, the New York Child Data Protection Act (S03281) was introduced to the New York State Legislature. The Act would prohibit online platforms from collecting, using, sharing, or selling personal data of individuals under the age of 18 for advertising purposes without obtaining informed consent. The platforms would be required to obtain the informed consent of the parent or guardian for users under 13. The Act would give the Office of the Attorney General the power to enforce the obligations and impose penalties of up to USD 5’000 per violation. Furthermore, the Act would enable the parent or guardian of a minor the right to seek damages of up to USD 5’000 per user per incident, or actual damages.