Assembly Bill A6042

2021-2022 Legislative Session

Enacts the "digital fairness act"

download bill text pdf

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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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2021-A6042 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add Art 39-FF §§899-cc - 899-ii, §350-a-1, Gen Bus L; amd §292, add §296-e, Exec L; amd §§165 & 8, St Fin L; amd §814, Ed L
Versions Introduced in 2023-2024 Legislative Session:

2021-A6042 (ACTIVE) - Summary

Enacts the "digital fairness act".

2021-A6042 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                           I N  A S S E M B L Y
                               March 5, 2021
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Consumer Affairs and Protection
 AN ACT to amend the general business law, the executive law,  the  state
   finance  law  and  the  education  law,  in  relation  to enacting the
   "digital fairness act"

   Section  1.  Short  title. This act shall be known and may be cited as
 the "digital fairness act".
   §  2.  Legislative  findings.  The  legislature  finds  that   privacy
 violations  and  misuse  of  personal information in the digital age can
 lead to a  range  of  harms,  including  discrimination  in  employment,
 healthcare,  housing,  access  to  credit, and other areas; unfair price
 discrimination; and financial, emotional, or reputational harms.  Misuse
 of  personal  information  can limit awareness of and access to opportu-
 nities, exacerbate information disparities, erode public trust and  free
 expression,  disincentivize  individuals  from  participating  fully  in
 digital life and utilizing online services, and  increase  the  risk  of
 future harms.
   The legislature additionally finds that individuals in New York state,
 like individuals across the nation, do not know or consent to the manner
 in  which  entities  collect,  use,  retain,  share,  and monetize their
 personal information. This misunderstanding is, at least in part, due to
 obfuscation on the part of the entities leveraging individuals' personal
 information. Researchers at Carnegie Mellon found  that  it  would  take
 seventy-six  work  days for individuals to read all of the privacy poli-
 cies they encounter in a year. Although the advertising industry  devel-
 oped  a  common logo and slogan to notify individuals of the opportunity
 to opt-out of  targeted  advertising,  following  market  research,  the
 industry  selected  the slogan and logo that few individuals understood,
 seemingly to discourage opt-out.

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


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