Senate Bill S518

2019-2020 Legislative Session

Prohibits the disclosure of personally identifiable information by an internet service provider without the express written approval of the consumer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S518 (ACTIVE) - Details

See Assembly Version of this Bill:
A2420
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-k, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5603, A7191
2021-2022: S4830, A674
2023-2024: S4367, A1484

2019-S518 (ACTIVE) - Summary

Prohibits the disclosure of personally identifiable information by an internet service provider without the express written approval of the consumer.

2019-S518 (ACTIVE) - Sponsor Memo

2019-S518 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    518
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. CARLUCCI, BROOKS, COMRIE, KAMINSKY, SAVINO, SEPULVE-
   DA -- read twice and ordered printed, and when printed to be committed
   to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   disclosure  of  personally  identifiable  information  by  an internet
   service provider without the express written approval of the consumer
 
   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-k to read as follows:
   §  399-K.  DISCLOSURE  OF  PERSONALLY  IDENTIFIABLE  INFORMATION BY AN
 INTERNET SERVICE PROVIDER; PROHIBITED.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "CONSUMER"  MEANS A PERSON WHO AGREES TO PAY A FEE TO AN INTERNET
 SERVICE PROVIDER FOR ACCESS TO THE INTERNET  FOR  PERSONAL,  FAMILY,  OR
 HOUSEHOLD PURPOSES, AND WHO DOES NOT RESELL ACCESS.
   (B) "INTERNET SERVICE PROVIDER" (ISP) MEANS A BUSINESS ENTITY OR INDI-
 VIDUAL  WHO  PROVIDES CONSUMERS AUTHENTICATED ACCESS TO, OR PRESENCE ON,
 THE INTERNET BY MEANS OF  A  SWITCHED  OR  DEDICATED  TELECOMMUNICATIONS
 CHANNEL  UPON  WHICH  THE  PROVIDER PROVIDES TRANSIT ROUTING OF INTERNET
 PROTOCOL PACKETS FOR AND ON BEHALF OF  THE  CONSUMER.  INTERNET  SERVICE
 PROVIDER  DOES  NOT  INCLUDE THE OFFERING, ON A COMMON CARRIER BASIS, OF
 TELECOMMUNICATIONS FACILITIES OR OF TELECOMMUNICATIONS BY MEANS OF THESE
 FACILITIES.
   (C) "PERSONALLY IDENTIFIABLE INFORMATION" MEANS INFORMATION THAT IDEN-
 TIFIES:
   (I) A CONSUMER BY PHYSICAL OR ELECTRONIC ADDRESS OR TELEPHONE NUMBER;
   (II) A CONSUMER'S INTERNET SEARCH HISTORY OR INTERNET  USAGE  HISTORY;
 OR
   (III) ANY OF THE CONTENTS OF A CONSUMER'S DATA-STORAGE DEVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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