Bill
S 4600
New York S 4600 would protect minors’ personal data by limiting collection, use, retention, and targeted ads, with parental consent, rights, and enforcement mechanisms.
Status & Metadata
- Bill number: S 4600
- Title: Relates to enacting the New York child data privacy and protection act
- Sponsors: Andrew Gounardes (primary) with cosponsors including Michelle Hinchey, Luis R. Sepúlveda, Nathalia Fernandez, Toby Ann Stavisky, Zellnor Myrie, Brad Hoylman-Sigal, Liz Krueger, Shelley Mayer, Michael Gianaris, Leroy Comrie, Samra Brouk, Joseph P. Addabbo Jr.
- Legislative status: Referred to Internet and Technology (multiple referrals noted). Introduced June 20, 2024. Related/companion: S 4638. Prior-session bills: S 9563, S 3281.
Important note about source material
- The document supplied with the request contains text fragments that are unrelated (federal NDAA amendments and a New Jersey early-voting amendment). The actual bill text for S 4600 (the stated New York child data privacy bill) was not included. The summary below therefore (A) flags that mismatch and (B) describes the stated bill’s purpose and the typical provisions, impacts, and procedural steps such a bill would include. For precise legal language and specific requirements, consult the official bill text and sponsor memo.
Purpose and intent
- S 4600 is intended to establish statutory protections for children’s personal data in New York. The general aim is to limit collection, use, disclosure, retention, and targeted advertising of data about minors and to create consumer protections and enforcement mechanisms tailored to children.
Key provisions likely included (typical elements of child data privacy bills)
- Scope and definitions: definitions for “child,” “personal data,” “operator/platform,” and categories of sensitive information (biometrics, geolocation, unique identifiers, profile data). The age threshold may be under 13 or under 18 depending on the bill text.
- Limits on data collection and processing: requirements for data minimization (collect only what is necessary), prohibited secondary uses (e.g., targeted advertising to children), and restrictions on profiling.
- Consent and notice: parental/verifiable consent or affirmative assent requirements before collecting or sharing children’s personal data; clear, age-appropriate privacy notices.
- Rights for children/parents: access, correction, deletion, and data portability mechanisms; ability to opt out of certain uses.
- Security & retention: mandatory data security practices, breach notification, and limits on data retention specific to children’s data.
- Prohibitions on targeted advertising: bans or strict limits on using children’s data to serve behavioral ads.
- Applicability & exemptions: scope (online services, apps, ed-tech, connected devices), possible exemptions for schools or for de-identified data.
- Enforcement & penalties: civil penalties enforced by the Attorney General or a state regulator; private right of action may be included or excluded.
- Implementation timelines: phased compliance deadlines, rulemaking authority for agencies.
Who would be affected
- Covered entities: online platforms, social media companies, mobile apps, educational technology providers, advertisers, data brokers, and any entity that collects/processes children’s data in New York.
- Individuals: children (as defined by the bill), parents/guardians, and New York residents interacting with covered services.
- State agencies: Attorney General and state technology/privacy offices for enforcement and guidance.
Procedural / timeline considerations
- Committee referrals indicate the bill will undergo review (hearings, amendments) in the Internet and Technology committee and possibly others. Companion bill S 4638 suggests parallel consideration. Next steps typically include committee hearings, floor votes in the Senate, and if passed, consideration in the Assembly.
Potential impacts and considerations
- Compliance costs for covered businesses (policy updates, technical changes, parental consent systems).
- Interaction with federal law (e.g., COPPA) — state law may provide stronger protections but must be analyzed for preemption/overlap.
- Enforcement burdens on state agencies and potential litigation over definitions, scope, and commercial impacts.
- Benefits include increased protections for minors’ autonomy and privacy and limits on exploitative data practices.
Recommended next steps
- Obtain and review the official bill text, sponsor memo, and any fiscal/legal impact statements. Monitor committee agendas for hearings and amendment activity.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
