Senate Bill S8448D

2019-2020 Legislative Session

Relates to requirements for the collection and use of emergency health data and personal information and the use of technology to aid during COVID-19

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

2019-S8448 - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health
Versions Introduced in 2019-2020 Legislative Session:
S8448, A10583

2019-S8448 - Summary

Imposes requirements for the collection and use of emergency health data and personal information and the use of technology to aid during the COVID-19 public health emergency; requires entities using technology to get consent from individuals and to disclose certain information including the right to privacy and who will have access to the data.

2019-S8448 - Sponsor Memo

2019-S8448 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8448
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT in relation to the collection of emergency health  data  and  the
   use of technology assisted contact tracing to aid during COVID-19; and
   providing for the repeal of such provision upon the expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this act:
   1. "Covered entity" means any person, including a government entity:
   (a) that collects,  uses,  or  discloses  emergency  health  data,  as
 defined  in this act, electronically or through communication by wire or
 radio; or
   (b) that develops or  operates  a  website,  web  application,  mobile
 application,  mobile  operating system feature, or smart device applica-
 tion for the purpose of tracking, screening, monitoring,  contact  trac-
 ing,  or  mitigation,  or  otherwise  responding  to the COVID-19 public
 health emergency.
   2. "De-identified information" means information that  cannot  reason-
 ably identify, relate to, describe, be capable of being associated with,
 or  be  linked,  directly  or  indirectly, to a particular individual. A
 covered entity that uses de-identified information:
   (a) has implemented technical safeguards that prohibit  re-identifica-
 tion of the individual to whom the information may pertain;
   (b)  has  implemented  business  processes  that specifically prohibit
 re-identification of the information;
   (c)  has  implemented  business  processes  that  prevent  inadvertent
 release of de-identified information; and
   (d) makes no attempt to re-identify the information.
   3. "Emergency health data" means data linked or reasonably linkable to
 an  individual  or  device, including data inferred or derived about the
 individual or device from other collected data  provided  such  data  is
 still  linked  or  reasonably linkable to the individual or device, that
 concerns the public COVID-19 health emergency. Such data includes:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2019-S8448A - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health
Versions Introduced in 2019-2020 Legislative Session:
S8448, A10583

2019-S8448A - Summary

Imposes requirements for the collection and use of emergency health data and personal information and the use of technology to aid during the COVID-19 public health emergency; requires entities using technology to get consent from individuals and to disclose certain information including the right to privacy and who will have access to the data.

2019-S8448A - Sponsor Memo

2019-S8448A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8448--A
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  in  relation to the collection of emergency health data and the
   use of technology to aid during COVID-19; and providing for the repeal
   of such provision upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this act:
   1. "Covered entity" means any person, including a government entity:
   (a)  that  collects,  uses,  or  discloses  emergency  health data, as
 defined in this act, electronically or through communication by wire  or
 radio; or
   (b)  that  develops  or  operates  a  website, web application, mobile
 application, mobile operating system feature, or smart  device  applica-
 tion  for  the purpose of tracking, screening, monitoring, contact trac-
 ing, or mitigation, or  otherwise  responding  to  the  COVID-19  public
 health emergency.
   2.  "De-identified  information" means information that cannot reason-
 ably identify, relate to, describe, be capable of being associated with,
 or be linked, directly or indirectly,  to  a  particular  individual.  A
 covered entity that uses de-identified information:
   (a)  has implemented technical safeguards that prohibit re-identifica-
 tion of the individual to whom the information may pertain;
   (b) has implemented  business  processes  that  specifically  prohibit
 re-identification of the information;
   (c)  has  implemented  business  processes  that  prevent  inadvertent
 release of de-identified information; and
   (d) makes no attempt to re-identify the information.
   3. "Emergency health data" means data linked or reasonably linkable to
 an individual or device, including data inferred or  derived  about  the
 individual  or  device  from  other collected data provided such data is

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

co-Sponsors

2019-S8448B - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health
Versions Introduced in 2019-2020 Legislative Session:
S8448, A10583

2019-S8448B - Summary

Imposes requirements for the collection and use of emergency health data and personal information and the use of technology to aid during the COVID-19 public health emergency; requires entities using technology to get consent from individuals and to disclose certain information including the right to privacy and who will have access to the data.

2019-S8448B - Sponsor Memo

2019-S8448B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8448--B
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT in relation to the collection of emergency health  data  and  the
   use of technology to aid during COVID-19; and providing for the repeal
   of such provision upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this act:
   1. "Covered entity" means any person, including a government entity:
   (a) that collects,  uses,  or  discloses  emergency  health  data,  as
 defined  in this act, electronically or through communication by wire or
 radio; or
   (b) that develops or  operates  a  website,  web  application,  mobile
 application,  mobile  operating system feature, or smart device applica-
 tion for the purpose of tracking, screening, monitoring,  contact  trac-
 ing,  or  mitigation,  or  otherwise  responding  to the COVID-19 public
 health emergency.
   2. "De-identified information" means information that  cannot  reason-
 ably identify, relate to, describe, be capable of being associated with,
 or be linked, directly or indirectly, to a particular individual, house-
 hold, or device.  A covered entity that uses de-identified information:
   (a)  has implemented technical safeguards that prohibit re-identifica-
 tion of the individual to whom the information may pertain;
   (b) has implemented  business  processes  that  specifically  prohibit
 re-identification of the information;
   (c)  has  implemented  business  processes  that  prevent  inadvertent
 release of de-identified information; and
   (d) makes no attempt to re-identify the information.
   3. "Emergency health data" means data linked or reasonably linkable to
 an individual or device, including data inferred or  derived  about  the
 individual, household, or device from other collected data provided such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-S8448C - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health
Versions Introduced in 2019-2020 Legislative Session:
S8448, A10583

2019-S8448C - Summary

Imposes requirements for the collection and use of emergency health data and personal information and the use of technology to aid during the COVID-19 public health emergency; requires entities using technology to get consent from individuals and to disclose certain information including the right to privacy and who will have access to the data.

2019-S8448C - Sponsor Memo

2019-S8448C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8448--C
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sens. THOMAS, BAILEY, CARLUCCI, GOUNARDES, HOYLMAN, MAY,
   RAMOS, STAVISKY -- read twice and ordered printed, and when printed to
   be committed to the Committee on Internet and Technology --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  in  relation  to  the  collection  of emergency health data and
   personal information and the use of technology to aid during COVID-19;
   and providing for the repeal of such  provision  upon  the  expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this act:
   1. "Collect" means to buy, rent, gather, obtain,  receive,  or  access
 any  personal  information  pertaining  to  an  individual by any means,
 online or offline, including but not limited to,  receiving  information
 from  the  individual  or  from a third party, actively or passively, or
 obtaining information by observing an individual's behavior.
   2. "Covered entity" means any person, including a government entity:
   (a) that collects, processes, or discloses emergency health  data,  as
 defined  in this act, electronically or through communication by wire or
 radio; or
   (b) that develops or  operates  a  website,  web  application,  mobile
 application,  mobile  operating system feature, or smart device applica-
 tion for the purpose of tracking, screening, monitoring,  contact  trac-
 ing,  or  mitigation,  or  otherwise  responding  to the COVID-19 public
 health emergency.
   3. "De-identified information" means information that  cannot  reason-
 ably identify, relate to, describe, be capable of being associated with,
 or be linked, directly or indirectly, to a particular individual, house-
 hold, or device.  A covered entity that uses de-identified information:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S8448D (ACTIVE) - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health
Versions Introduced in 2019-2020 Legislative Session:
S8448, A10583

2019-S8448D (ACTIVE) - Summary

Imposes requirements for the collection and use of emergency health data and personal information and the use of technology to aid during the COVID-19 public health emergency; requires entities using technology to get consent from individuals and to disclose certain information including the right to privacy and who will have access to the data.

2019-S8448D (ACTIVE) - Sponsor Memo

2019-S8448D (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8448--D
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sens. THOMAS, BAILEY, CARLUCCI, GOUNARDES, HOYLMAN, MAY,
   RAMOS, STAVISKY -- read twice and ordered printed, and when printed to
   be committed to the Committee on Internet and Technology --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee -- committee discharged and said bill committed to
   the Committee on Health -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT in relation to  the  collection  of  emergency  health  data  and
   personal information and the use of technology to aid during COVID-19;
   and  providing  for  the  repeal of such provision upon the expiration
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this act:
   1.  "Collect"  means  to buy, rent, gather, obtain, receive, or access
 any personal information pertaining  to  an  individual  by  any  means,
 online  or  offline, including but not limited to, receiving information
 from the individual or from a third party,  actively  or  passively,  or
 obtaining information by observing an individual's behavior.
   2. "Covered entity" means any person, including a government entity:
   (a)  that  collects, processes, or discloses emergency health data, as
 defined in this act, electronically or through communication by wire  or
 radio; or
   (b)  that  develops  or  operates  a  website, web application, mobile
 application, mobile operating system feature, or smart  device  applica-
 tion  for  the purpose of tracking, screening, monitoring, contact trac-
 ing, or mitigation, or  otherwise  responding  to  the  COVID-19  public
 health emergency.
   3.  "De-identified  information" means information that cannot reason-
 ably identify, relate to, describe, be capable of being associated with,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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