Two new state laws meant to protect New York’s young web surfers took effect this week.
Billed as the nation’s most stringent effort to protect children on social media, New York Gov. Kathy Hochul on June 20 signed into law the New York Child Data Protection Act (S.7695B/A.8149A) and the Stop Addictive Feeds Exploitation (SAFE) for Kids Act (S.7694A/A.8148A).
According to a 2023 study led by the Harvard T.H. Chan School of Public Health, social media platforms including Facebook, Instagram, Snapchat, TikTok, X (formerly Twitter) and YouTube collectively earned nearly $11 billion in advertising revenue from U.S. users under the age of 18 in 2022.
The New York Child Data Protection Act prohibits online platforms from collecting, using, sharing or selling the personal data of anyone under 18 for advertising purposes without informed consent — unless such data use is strictly necessary for the function of the website. For users under 13, that consent must come from a parent.
State Sen. Andrew Gounardes (D-Brooklyn), who sponsored both bills alongside Assembly Member Nily Rozic (D-Queens), said the legislation is a key step in protecting children’s safety online and would prevent social media corporations from using predatory data collection practices at minors’ expense.
“We’re sending a clear message to Big Tech: your profits are not more important than our kids’ privacy and mental health,” Gounardes said. “As the father of young kids, this victory is personal. I’m grateful to Assemblywoman Rozic, Governor Hochul, Attorney General James, and the many advocates, parents, and young people who raised their voices to make this happen.”
Rozic emphasized that the new legislation marks a victory for New York families, saying it makes clear that protecting children from data exploitation is no longer optional for social media platforms.
“With the New York Child Data Protection Act officially in effect, we are taking a powerful step forward in safeguarding kids’ privacy online,” Rozic said. “I’m proud to have championed this effort alongside Senator Gounardes to ensure that every child in New York can grow up with the digital privacy they deserve.”
The law authorizes the New York Attorney General’s Office to seek civil penalties of up to $5,000 per violation.
Attorney General Letitia James praised Gounardes and Rozic for working with her office to pass what she called nation-leading legislation to protect young people’s privacy. Last month, her office issued guidance on how the law will be implemented.
“New York families can now rest assured that companies cannot collect and share children’s personal information without consent thanks to the New York Child Data Protection Act,” James said.
Julie Scelfo, founder and executive director of Mothers Against Media Addiction (MAMA), said the bill serves as a model for lawmakers across the country to hold social media platforms accountable for child safety and privacy.
“We owe it to our children to protect them online just as we do in the real world,” Scelfo said.
Social media platforms intentionally use addictive algorithms to keep kids engaged in doom-scrolling, maximizing their profit margins. Research shows that adolescents who spend more than three hours per day on social media face double the risk of experiencing poor mental health outcomes, including symptoms of depression and anxiety.
The SAFE for Kids Act — the first bill of its kind to be signed into law nationwide — requires social media companies to restrict addictive feeds for users under 18. Unless parental consent is granted, users under 18 will not receive algorithmically driven feeds.
Under the new law, minors may still use social media to research specific topics and subscribe to their favorite content creators, but they won’t be subjected to feeds designed to promote unhealthy levels of engagement. The law also prohibits social media platforms from sending notifications related to addictive feeds to minors between midnight and 6 a.m. without parental consent.
The Attorney General’s Office is developing regulations to enforce the law effectively, including methods for age verification and parental consent.
Gov. Hochul said providing a safer digital environment gives parents greater peace of mind while helping build a brighter future for young people.
“Young people across the nation are facing a mental health crisis fueled by addictive social media feeds – and New York is leading the way with a new model for addressing the crisis and protecting our kids,” she said.
