S T A T E O F N E W Y O R K
________________________________________________________________________
4920
2023-2024 Regular Sessions
I N A S S E M B L Y
February 27, 2023
___________
Introduced by M. of A. L. ROSENTHAL, DINOWITZ, SIMON, SEAWRIGHT, KELLES,
FORREST, SILLITTI -- 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 THE PROCESS OF IDENTIFYING WHETHER A DEVICE
ENTERS, EXITS, OR IS PRESENT WITHIN A GEOGRAPHIC AREA THROUGH THE USE OF
ANY INFORMATION STORED, TRANSMITTED, OR RECEIVED BY SUCH DEVICE, INCLUD-
ING BUT NOT LIMITED TO LATITUDE, LONGITUDE, GLOBAL POSITIONING SYSTEM
COORDINATES, INTERNET PROTOCOL ADDRESS, WIRELESS INTERNET ACCESS INFOR-
MATION, BLUETOOTH TECHNOLOGY, NEAR-FIELD COMMUNICATION INFORMATION, CELL
TOWER CONNECTIVITY, DEVICE IDENTIFICATION INFORMATION, AND/OR ANY OTHER
FORM OF LOCATION DETECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03292-01-3
A. 4920 2
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-
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.
G. "VICINITY" SHALL MEAN WITHIN TWO HUNDRED FIFTY FEET OF THE PERIME-
TER OF A HEALTH CARE FACILITY.
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 OR A SIMILAR VIRTUAL BOUNDARY
CREATED AROUND OR WITHIN THE VICINITY OF 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 AROUND
OR WITHIN THE VICINITY OF ANY HEALTH CARE FACILITY FOR THE PURPOSE OF
DELIVERING BY ELECTRONIC MEANS A DIGITAL ADVERTISEMENT TO A USER IN OR
WITHIN THE VICINITY OF SUCH HEALTH CARE FACILITY, BUILDING CONSUMER
PROFILES, OR INFERRING THE HEALTH STATUS, MEDICAL CONDITION, OR MEDICAL
TREATMENT OF ANY PERSON.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.