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.