Prohibits digital advertisers from establishing a virtual "geofence" around a health care facility that enables the advertiser to send targeted advertisements to any cellphones or mobile devices that enter such health care facility; prohibits the delivery of digital advertisements to persons in a health care facility using geofencing technology.
S T A T E O F N E W Y O R K
________________________________________________________________________
10677
I N A S S E M B L Y
August 12, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen-
thal) -- read once and referred to the Committee on Consumer Affairs
and Protection
AN ACT to amend the general business law, in relation to prohibiting
geofencing by digital advertisers at health care facilities
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
396-aaaa to read as follows:
§ 396-AAAA. PROHIBITION ON GEOFENCING. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "DIGITAL ADVERTISER" SHALL MEAN ANY PERSON, CORPORATION, PARTNER-
SHIP OR ASSOCIATION THAT DELIVERS DIGITAL ADVERTISEMENTS BY ELECTRONIC
MEANS.
B. "DIGITAL ADVERTISEMENT" SHALL INCLUDE ANY COMMUNICATION DELIVERED
BY ELECTRONIC MEANS THAT IS INTENDED TO BE USED FOR THE PURPOSES OF
MARKETING, SOLICITATION, OR DISSEMINATION OF INFORMATION RELATED,
DIRECTLY OR INDIRECTLY, TO GOODS OR SERVICES PROVIDED BY THE DIGITAL
ADVERTISER OR A THIRD PARTY.
C. "DELIVERED BY ELECTRONIC MEANS" SHALL INCLUDE DELIVERY TO AN ELEC-
TRONIC MAIL ADDRESS, POSTING ON AN ELECTRONIC NETWORK OR SITE ACCESSIBLE
VIA THE INTERNET, MOBILE APPLICATION, COMPUTER, MOBILE DEVICE, TABLET,
OR ANY OTHER ELECTRONIC DEVICE USED BY A NATURAL PERSON.
D. "GEOFENCING" SHALL MEAN A TECHNOLOGY THAT USES GLOBAL POSITIONING
SYSTEM COORDINATES, CELL TOWER CONNECTIVITY, CELLULAR DATA, RADIO
FREQUENCY IDENTIFICATION, WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION
DETECTION, TO ESTABLISH A VIRTUAL BOUNDARY OR "GEOFENCE" AROUND A
PARTICULAR LOCATION THAT ALLOWS A DIGITAL ADVERTISER TO TRACK THE
LOCATION OF AN INDIVIDUAL USER AND ELECTRONICALLY DELIVER TARGETED
DIGITAL ADVERTISEMENTS DIRECTLY TO SUCH USER'S MOBILE DEVICE UPON SUCH
USER'S ENTRY INTO THE GEOFENCED AREA.
E. "HEALTH CARE FACILITY" SHALL MEAN ANY GOVERNMENTAL OR PRIVATE AGEN-
CY, DEPARTMENT, INSTITUTION, CLINIC, LABORATORY, HOSPITAL, PHYSICIAN'S
OFFICE, NURSING CARE FACILITY, HEALTH MAINTENANCE ORGANIZATION, ASSOCI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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