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

Current Bill Status - Passed Senate


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2020 referred to health
delivered to assembly
passed senate
Jul 22, 2020 ordered to third reading cal.907
Jul 20, 2020 reported and committed to rules
Jul 17, 2020 print number 8448d
Jul 17, 2020 amend and recommit to health
committee discharged and committed to health
Jul 13, 2020 print number 8448c
Jul 13, 2020 amend (t) and recommit to internet and technology
Jun 09, 2020 print number 8448b
Jun 09, 2020 amend and recommit to internet and technology
Jun 04, 2020 print number 8448a
Jun 04, 2020 amend (t) and recommit to internet and technology
Jun 03, 2020 referred to internet and technology

Votes

view votes

Jul 22, 2020 - Rules committee Vote

S8448D
14
1
committee
14
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jul 20, 2020 - Health committee Vote

S8448D
12
1
committee
12
Aye
1
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Jul 20, 2020

nay (1)
aye wr (1)
absent (1)

S8448 - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health

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.

S8448 - Sponsor Memo

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.

S8448A - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health

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.

S8448A - Sponsor Memo

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

view additional co-sponsors

S8448B - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health

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.

S8448B - Sponsor Memo

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

view additional co-sponsors

S8448C - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health

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.

S8448C - Sponsor Memo

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

view additional co-sponsors

S8448D (ACTIVE) - Details

See Assembly Version of this Bill:
A10583
Current Committee:
Assembly Health
Law Section:
Health

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.

S8448D (ACTIVE) - Sponsor Memo

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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