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Sunday, June 30, 2024

New York passes landmark laws safeguarding children’s online privacy

State AG
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Attorney General Letitia James | Ballotpedia

New York Attorney General Letitia James today commended the legislative passage of two significant bills aimed at protecting children online and addressing the youth mental health crisis exacerbated by social media. The bills, sponsored by Senator Andrew Gounardes and Assemblymember Nily Rozic, were advanced by Attorney General James in October 2023. They aim to safeguard children by prohibiting online sites from collecting and sharing their personal data and limiting addictive features of social media platforms that are known to harm mental health and development. This legislation is expected to serve as a model for other states.

“Our children are enduring a mental health crisis, and social media is fueling the fire and profiting from the epidemic,” said Attorney General James. “The legislation my team worked on and supported along with bill sponsors Senator Gounardes and Assemblymember Rozic will help address the addictive features that have made social media so insidious and anxiety-producing. I applaud Governor Hochul, Senate Majority Leader Stewart-Cousins, Assembly Speaker Heastie, and the legislative majorities for supporting this legislation.”

Multiple studies have identified a link between excessive social media use, poor sleep quality, and poor mental health among young people. Algorithmic feeds designed to keep users engaged longer have heightened these risks. Research indicates that adolescents who spend more than three hours per day on social media face double the risk of experiencing poor mental health outcomes such as depression and anxiety. Additionally, children's personal data is often tracked, shared, or sold without consent.

“New York is leading the nation to protect our kids from addictive social media feeds and shield their personal data from predatory companies,” said New York Governor Kathy Hochul. “Together, we've taken a historic step forward in our efforts to address the youth mental health crisis.”

Senate Majority Leader Andrea Stewart-Cousins emphasized her commitment: “As we navigate the threats social media poses to our youth in today’s ever-evolving technological landscape... Together, we will continue to take all necessary actions to protect the mental well-being of our children.”

Speaker Carl Heastie added: “These bills will give parents tools to help protect kids from predatory practices that impact their mental health by eliminating addictive personalized feeds.”

Bill sponsor Senator Andrew Gounardes noted his motivation: “I first introduced legislation to protect kids online back in 2022 because as a father of two young kids I knew we had to rein in social media... We’ve reached a deal to pass strong legislation that will protect kids’ privacy.”

Assemblymember Nily Rozic stated: “We must do all that we can to protect our kids from harmful influence... These new laws signal that New York is taking the lead in putting New Yorkers' safety and privacy at the forefront.”

Attorney General James collaborated with Senator Gounardes and Assemblymember Rozic on crafting this legislation since October 2023. The bills received strong support from Governor Kathy Hochul.

The Stop Addictive Feeds Exploitation (SAFE) for Kids Act aims to limit harmful features on social media platforms:

- Prohibit users under 18 from viewing addictive feeds without parental consent.

- Prohibit notifications sent to minors between midnight and 6:00 AM without verifiable parental consent.

- Authorize legal action against violations with penalties up to $5,000 per violation.

The New York Child Data Protection Act seeks stronger privacy protections for minors:

- Prohibit collection or sale of personal data of anyone under 18 without informed consent.

- Authorize enforcement with penalties up to $5,000 per violation.

Attorney General James acknowledged advocacy groups like Common Sense Media for their support.

This initiative aligns with ongoing efforts by Attorney General James against harmful practices by social media companies including lawsuits against Meta over youth mental health impacts.

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