senate Bill S9073

2019-2020 Legislative Session

Establishes the "It's Your Data Act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 28, 2020 referred to rules

S9073 (ACTIVE) - Details

See Assembly Version of this Bill:
A7736
Current Committee:
Senate Rules
Law Section:
Civil Rights Law
Laws Affected:
Amd §§50 & 51, Civ Rts L; add Art 32-A §§676 - 676-q, Gen Bus L

S9073 (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.

S9073 (ACTIVE) - Sponsor Memo

S9073 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9073
 
                             I N  S E N A T E
 
                             October 28, 2020
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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