N.Y. Gen. Bus. Law § 1804 — Determination of covered minor

* § 1804. Determination of covered minor. 1. To the extent rules or regulations referenced in section eighteen hundred three of this article or rules and regulations regarding age assurance methods promulgated pursuant to article forty-five of this chapter are not in effect, an operator shall rely on a determination of a covered user's minor or adult status made using a reasonable age assurance method that meets the following requirements:

(a) such age assurance method shall reasonably guard against circumvention and reasonably minimize the retention of information collected for age assurance purposes;

(b) an operator may only rely on self-declaration as a reasonable age assurance method if the user self-declares minor status; and

(c) an operator must make available more than one age assurance method to covered users, including at least one method that either does not rely on government issued identification or that allows a covered user to maintain anonymity as to the operator.

2. Information collected for the purpose of determining whether a covered user is a covered minor under subdivision one of section eighteen hundred one of this article shall not be used for any purpose other than to make such determination and shall be deleted immediately after an attempt to determine whether a covered user is a covered minor, except where necessary for compliance with any applicable provisions of New York state or federal law or regulation.

3. This article shall not supersede, amend, or repeal article forty-seven of this chapter.

* NB Effective January 1, 2027