Assembly Bill A680A

2021-2022 Legislative Session

Relates to enacting the NY privacy act

download bill text pdf

Sponsored By

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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Bill Amendments

co-Sponsors

2021-A680 - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1107, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8526
2023-2024: A3593

2021-A680 - Summary

Enacts the NY privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared.

2021-A680 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    680
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, QUART, WEPRIN, D. ROSENTHAL -- read
   once and referred to the Committee on Consumer Affairs and Protection
 
 AN  ACT to amend the general business law, in relation to the management
   and oversight of personal data

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act may be known and cited as the "New
 York privacy act".
   § 2. The general business law is amended by adding a new article 42 to
 read as follows:
                                ARTICLE 42
                           NEW YORK PRIVACY ACT
 SECTION 1100. DEFINITIONS.
         1101. JURISDICTIONAL SCOPE.
         1102. DATA FIDUCIARY.
         1103. CONSUMER RIGHTS.
         1104. TRANSPARENCY.
         1105. RESPONSIBILITY ACCORDING TO ROLE.
         1106. DE-IDENTIFIED DATA.
         1107. EXEMPTIONS.
         1108. LIABILITY.
         1109. ENFORCEMENT.
         1110. PREEMPTION.
   § 1100. DEFINITIONS. THE DEFINITIONS IN THIS ARTICLE APPLY UNLESS  THE
 CONTEXT CLEARLY REQUIRES OTHERWISE:
   1.  "AFFILIATE"  MEANS A LEGAL ENTITY THAT CONTROLS, IS CONTROLLED BY,
 OR IS UNDER COMMON CONTROL WITH, ANOTHER LEGAL ENTITY, WHERE THE  ENTITY
 HOLDS  ITSELF  OUT  AS  AFFILIATED OR UNDER COMMON OWNERSHIP SUCH THAT A
 CONSUMER ACTING REASONABLY  UNDER  THE  CIRCUMSTANCES  WOULD  ANTICIPATE
 THEIR PERSONAL DATA BEING PROVIDED TO AN AFFILIATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2021-A680A - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1107, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8526
2023-2024: A3593

2021-A680A - Summary

Enacts the NY privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared.

2021-A680A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  680--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, QUART, WEPRIN, D. ROSENTHAL, SIMON
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN  ACT to amend the general business law, in relation to the management
   and oversight of personal data
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York privacy act".
   § 2. Legislative intent. 1. Privacy is  a  fundamental  right  and  an
 essential element of freedom. Advances in technology have produced ramp-
 ant  growth  in  the amount and categories of personal data being gener-
 ated,  collected,  stored,  analyzed,  and  potentially  shared,   which
 presents  both  promise  and peril. Companies collect, use and share our
 personal information in ways that can be difficult for ordinary  consum-
 ers to understand. Opaque data processing policies make it impossible to
 evaluate  risks and compare privacy-related protections across services,
 stifling competition. Algorithms quietly make  decisions  with  critical
 consequences for New York consumers, often with no human accountability.
 Behavioral advertising generates profits by turning people into products
 and  their  activity into assets. New York consumers deserve more notice
 and more control over their data and their digital privacy.
   2. This act seeks to help New York consumers regain their privacy.  It
 gives New York consumers the ability to exercise more control over their
 personal data and requires businesses to be responsible, thoughtful, and
 accountable managers of that information.  To  achieve  this,  this  act
 provides  New  York  consumers  a  number of new rights, including clear
 notice of how their data is being used, processed and shared; the abili-
 ty to access and obtain a copy of their data in a  commonly  used  elec-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2021-A680B (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1107, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8526
2023-2024: A3593

2021-A680B (ACTIVE) - Summary

Enacts the NY privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared.

2021-A680B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  680--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, QUART, WEPRIN, D. ROSENTHAL, SIMON,
   DINOWITZ, PAULIN -- read once and referred to the Committee on Consum-
   er  Affairs  and  Protection  --  committee  discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the  Committee  on Consumer Affairs and Protection in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the general business law, in relation to the  management
   and oversight of personal data
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York privacy act".
   §  2.  Legislative  intent.  1.  Privacy is a fundamental right and an
 essential element of freedom. Advances in technology have produced ramp-
 ant growth in the amount and categories of personal  data  being  gener-
 ated,   collected,  stored,  analyzed,  and  potentially  shared,  which
 presents both promise and peril. Companies collect, use  and  share  our
 personal  data  in  ways that can be difficult for ordinary consumers to
 understand. Opaque data processing policies make it impossible to evalu-
 ate risks  and  compare  privacy-related  protections  across  services,
 stifling  competition.  Algorithms  quietly make decisions with critical
 consequences for New York consumers, often with no human accountability.
 Behavioral advertising generates profits by turning people into products
 and their activity into assets. New York consumers deserve  more  notice
 and more control over their data and their digital privacy.
   2. This act seeks to help New York consumers regain their privacy.  It
 gives New York consumers the ability to exercise more control over their
 personal data and requires businesses to be responsible, thoughtful, and

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

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