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Assembly Bill A272

2009-2010 Legislative Session

Provides that it shall be unlawful to sell or lease any consumer's email address or other personal info without giving consumer notice and opportunity to opt out

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Archive: Last Bill Status - In Assembly Committee

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2009-A272 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง399-i, Gen Bus L

2009-A272 (ACTIVE) - Summary

Provides that it shall be unlawful to sell or lease any consumer's electronic mail address or other personal identifying information without giving consumer notice and opportunity to opt out; provides for enforcement by the attorney general; injunction and civil penalties.

2009-A272 (ACTIVE) - Sponsor Memo

2009-A272 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   272

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PHEFFER, DINOWITZ, MARKEY, SWEENEY -- Multi-Spon-
  sored  by  --  M.  of  A.    ALFANO, AUBRY, BARRA, CHRISTENSEN, CLARK,
  COLTON, COOK, DESTITO, ENGLEBRIGHT, ESPAILLAT, GALEF,  GLICK,  GREENE,
  HIKIND,  HOOPER, JACOBS, JOHN, MAGEE, MAYERSOHN, McENENY, PERRY, SCAR-
  BOROUGH, SCHIMMINGER, WEINSTEIN --  read  once  and  referred  to  the
  Committee on Consumer Affairs and Protection

AN  ACT to amend the general business law, in relation to requiring that
  a consumer be given the opportunity to opt out of the use of any elec-
  tronic identifying information and notice of collection thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-i to read as follows:
  S 399-I. ELECTRONIC MAIL ADDRESS AND OTHER PERSONAL IDENTIFYING INFOR-
MATION;  NOTICE  AND OPT OUT.   1. IT SHALL BE UNLAWFUL TO SELL OR LEASE
ANY CONSUMER'S ELECTRONIC MAIL ADDRESS AND ANY OTHER PERSONAL  IDENTIFY-
ING  INFORMATION WHICH IS OBTAINED ONLINE WITHOUT PROVIDING THE CONSUMER
WITH A CLEAR AND CONSPICUOUS NOTICE OF THE COLLECTION OF THE  CONSUMER'S
ELECTRONIC  MAIL  ADDRESS AND ANY OTHER PERSONAL IDENTIFYING INFORMATION
AND THE ABILITY TO OPT OUT OF THE SALE OR LEASE OF THE CONSUMER'S  ELEC-
TRONIC  MAIL ADDRESS OR ANY OTHER PERSONAL IDENTIFYING INFORMATION.  FOR
THE PURPOSES OF THIS  SUBDIVISION,  "PERSONAL  IDENTIFYING  INFORMATION"
SHALL INCLUDE, BUT NOT BE LIMITED TO, A PERSON'S SOCIAL SECURITY NUMBER,
DATE OF BIRTH, CURRENT AND PRIOR ADDRESSES, AND MOTHER'S MAIDEN NAME.
  2. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE  COURT  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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