assembly Bill A7736

2019-2020 Legislative Session

Establishes the "It's Your Data Act"

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to consumer affairs and protection
May 17, 2019 referred to consumer affairs and protection

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Multi-Sponsors

A7736 (ACTIVE) - Details

See Senate Version of this Bill:
S9073
Law Section:
Civil Rights Law
Laws Affected:
Amd §§50 & 51, Civ Rts L; add Art 32-A §§676 - 676-q, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A3586, S4021

A7736 (ACTIVE) - Summary

Establishes the "It's Your Data Act" for the purposes of providing protections and transparency in the collection, use, retention, and sharing of personal information.

A7736 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7736
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2019
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Consumer Affairs and Protection
 
 AN  ACT  to  amend the civil rights law and the general business law, in
   relation to establishing the "It's Your Data Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "It's Your
 Data Act".
   § 2. Section 50 of the civil rights law is amended to read as follows:
   § 50. Right of privacy. A person, firm or corporation  that  COLLECTS,
 STORES, AND/OR uses for THE PURPOSE OF advertising [purposes, or for the
 purposes  of],  trade, DATA-MINING, OR GENERATING COMMERCIAL OR ECONOMIC
 VALUE, the name, portrait [or], picture, VIDEO, VOICE, LIKENESS, AND ALL
 OTHER PERSONAL DATA, BIOMETRIC DATA, AND LOCATION  DATA  of  any  living
 person without having first obtained the written consent of such person,
 or  if  a minor of his or her parent or guardian, OR, IF SUCH CONSENT IS
 OBTAINED, SUBSEQUENTLY FAILS TO EXERCISE REASONABLE CARE CONSISTENT WITH
 ITS OBLIGATIONS AS BAILEE OF THAT INDIVIDUAL'S NAME, PORTRAIT,  PICTURE,
 VIDEO, VOICE, LIKENESS, AND ALL OTHER PERSONAL DATA, BIOMETRIC DATA, AND
 LOCATION DATA, is guilty of a misdemeanor.
   §  3. Section 51 of the civil rights law, as amended by chapter 674 of
 the laws of 1995, is amended to read as follows:
   § 51. Action for injunction and for damages. Any person  [whose  name,
 portrait,  picture  or  voice  is used within this state for advertising
 purposes or for the purposes of trade without the written consent], FIRM
 OR CORPORATION THAT COLLECTS, STORES, AND/OR USES  FOR  THE  PURPOSE  OF
 ADVERTISING,  TRADE,  DATA-MINING,  OR GENERATING COMMERCIAL OR ECONOMIC
 VALUE, NAME, PORTRAIT, PICTURE, VIDEO, VOICE, LIKENESS,  AND  ALL  OTHER
 PERSONAL  DATA,  BIOMETRIC  DATA, AND LOCATION DATA OF ANY LIVING PERSON
 WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF SUCH PERSON, OR  IF
 A  MINOR  OF  HIS  OR  HER  PARENT OR GUARDIAN, OR, WHEN SUCH CONSENT IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.