S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7268
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 18, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  collection,
   storage  or  transmission of personal information collected from smart
   home systems

   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
 390-d to read as follows:
   §  390-D.  SMART HOME SYSTEMS. 1. FOR THE PURPOSES OF THIS SECTION THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "SMART HOME SYSTEM" MEANS ANY DEVICE,  OR  OTHER  PHYSICAL  OBJECT
 THAT  IS  CAPABLE OF CONNECTING TO THE INTERNET, DIRECTLY OR INDIRECTLY,
 AND THAT IS ASSIGNED AN INTERNET PROTOCOL ADDRESS OR BLUETOOTH ADDRESS.
   (B) "END USER" MEANS A  PERSON  THAT  ULTIMATELY  USES  A  SMART  HOME
 CONNECTED  SYSTEM  REGARDLESS  OF  WHETHER  SUCH  PERSON  INSTALLED SUCH
 SYSTEM.
   (C) "PERSONAL INFORMATION"  INCLUDES,  BUT  IS  NOT  LIMITED  TO,  THE
 FOLLOWING:
   (I)  IDENTITY  INFORMATION  INCLUDING,  BUT NOT LIMITED TO, REAL NAME,
 ALIAS, NICKNAME, AND USER NAME;
   (II) ADDRESS  INFORMATION,  INCLUDING,  BUT  NOT  LIMITED  TO,  POSTAL
 ADDRESS OR E-MAIL;
   (III) TELEPHONE NUMBER;
   (IV) ACCOUNT NAME;
   (V)  SOCIAL  SECURITY NUMBER OR OTHER GOVERNMENT-ISSUED IDENTIFICATION
 NUMBER, INCLUDING, BUT NOT LIMITED TO, SOCIAL SECURITY NUMBER,  DRIVER'S
 LICENSE NUMBER, IDENTIFICATION CARD NUMBER, AND PASSPORT NUMBER;
   (VI) BIRTHDATE OR AGE;
   (VII)  PHYSICAL CHARACTERISTIC INFORMATION, INCLUDING, BUT NOT LIMITED
 TO, HEIGHT AND WEIGHT;

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

                                                            LBD10974-01-9

 A. 7268                             2
 
   (VIII) SEXUAL INFORMATION,  INCLUDING,  BUT  NOT  LIMITED  TO,  SEXUAL
 ORIENTATION, SEX, GENDER STATUS, GENDER IDENTITY, AND GENDER EXPRESSION;
   (IX) RACE OR ETHNICITY;
   (X) RELIGIOUS AFFILIATION OR ACTIVITY;
   (XI) POLITICAL AFFILIATION OR ACTIVITY;
   (XII) PROFESSIONAL OR EMPLOYMENT-RELATED INFORMATION;
   (XIII) EDUCATIONAL INFORMATION;
   (XIV)  MEDICAL  INFORMATION,  INCLUDING,  BUT  NOT LIMITED TO, MEDICAL
 CONDITIONS OR DRUGS, THERAPIES, MENTAL HEALTH, OR  MEDICAL  PRODUCTS  OR
 EQUIPMENT USED;
   (XV)  FINANCIAL  INFORMATION,  INCLUDING,  BUT NOT LIMITED TO, CREDIT,
 DEBIT, OR ACCOUNT NUMBERS, ACCOUNT BALANCES, PAYMENT HISTORY, OR  INFOR-
 MATION RELATED TO ASSETS, LIABILITIES, OR GENERAL CREDITWORTHINESS;
   (XVI)  COMMERCIAL  INFORMATION, INCLUDING, BUT NOT LIMITED TO, RECORDS
 OF PROPERTY, PRODUCTS OR SERVICES PROVIDED, OBTAINED, OR CONSIDERED,  OR
 OTHER PURCHASING OR CONSUMER HISTORIES OR TENDENCIES;
   (XVII) LOCATION INFORMATION;
   (XVIII)  INTERNET  OR  MOBILE ACTIVITY INFORMATION, INCLUDING, BUT NOT
 LIMITED TO, INTERNET PROTOCOL ADDRESSES OR  INFORMATION  CONCERNING  THE
 ACCESS OR USE OF ANY INTERNET OR MOBILE-BASED SITE OR SERVICE;
   (XIX) CONTENT, INCLUDING TEXT, PHOTOGRAPHS, AUDIO OR VIDEO RECORDINGS,
 OR OTHER MATERIAL GENERATED BY OR PROVIDED BY AN END USER; AND
   (XX) ANY OF THE ABOVE CATEGORIES OF INFORMATION AS THEY PERTAIN TO ANY
 CHILDREN OF AN END USER.
   2.  (A) NO BUSINESS WHICH MANUFACTURES OR SELLS A SMART HOME CONNECTED
 SYSTEM  SHALL  COLLECT,  STORE  OR  TRANSMIT  ANY  PERSONAL  INFORMATION
 OBTAINED  FROM  THE INSTALLATION OR USE OF A SMART HOME CONNECTED SYSTEM
 TO A THIRD-PARTY WITHOUT THE EXPRESS AND AFFIRMATIVE CONSENT OF THE  END
 USER OF SUCH SYSTEM.
   (B)  NO LANDLORD WHO HAS INSTALLED A SMART HOME CONNECTED SYSTEM ON OR
 IN RENTAL PROPERTY SHALL COLLECT, STORE OR TRANSMIT ANY PERSONAL  INFOR-
 MATION  OBTAINED  FROM  THE  INSTALLATION  OR  USE  OF  SUCH  SMART HOME
 CONNECTED SYSTEM WITHOUT THE EXPRESS  AND  AFFIRMATIVE  CONSENT  OF  THE
 TENANT OF SUCH RENTAL PROPERTY.
   (C)  NO EMPLOYER WHO HAS INSTALLED A SMART HOME CONNECTED SYSTEM SHALL
 COLLECT, STORE OR TRANSMIT ANY  PERSONAL  INFORMATION  OF  ANY  EMPLOYEE
 OBTAINED  FROM  THE  INSTALLATION  OR  USE  OF SUCH SMART HOME CONNECTED
 SYSTEM WITHOUT THE EXPRESS AND AFFIRMATIVE CONSENT OF SUCH EMPLOYEE.
   § 2. This act shall take effect immediately.