The New York State Senate

 
                     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.

                                                            LBD16111-03-2
 A. 10677                            2
 
 ATION  OR  OTHER  SIMILAR  ENTITY  THAT PROVIDES MEDICAL CARE OR RELATED
 SERVICES PURSUANT TO THE PROVISIONS OF THE  PUBLIC  HEALTH  LAW  OR  THE
 MENTAL  HYGIENE  LAW,  INCLUDING  THE BUILDING OR STRUCTURE IN WHICH THE
 FACILITY IS LOCATED.
   F. "USER" SHALL MEAN A NATURAL PERSON WHO OWNS OR USES A MOBILE DEVICE
 OR  ANY  OTHER  CONNECTED ELECTRONIC DEVICE CAPABLE OF RECEIVING DIGITAL
 ADVERTISEMENTS.
   2. A. IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNERSHIP OR
 ASSOCIATION TO DELIVER BY ELECTRONIC MEANS ANY DIGITAL ADVERTISEMENT  TO
 A  USER  THROUGH  THE  USE  OF GEOFENCING AT ANY HEALTH CARE FACILITY AS
 DEFINED IN PARAGRAPH E OF SUBDIVISION ONE OF THIS SECTION.
   B. IT SHALL BE UNLAWFUL FOR ANY PERSON,  CORPORATION,  PARTNERSHIP  OR
 ASSOCIATION  TO  ESTABLISH  A GEOFENCE OR SIMILAR VIRTUAL BOUNDARY IN OR
 AROUND ANY HEALTH CARE FACILITY FOR THE PURPOSE OF DELIVERING  BY  ELEC-
 TRONIC  MEANS  A DIGITAL ADVERTISEMENT TO A USER WITHIN SUCH HEALTH CARE
 FACILITY.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.