Senate Bill S9540

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9540
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   data  brokers  from  selling  the  personal information of current and
   former military servicemembers
 
   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
 399-jj to read as follows:
   §  399-JJ.  SALE OF PERSONAL INFORMATION OF SERVICEMEMBERS. 1. AS USED
 IN THIS SECTION:
   (A) "CONSENT" MEANS A CLEAR AFFIRMATIVE ACT SIGNIFYING A FREELY GIVEN,
 SPECIFIC, INFORMED, AND UNAMBIGUOUS INDICATION OF A CONSUMER'S AGREEMENT
 TO THE PROCESSING OF DATA RELATING TO THE CONSUMER. CONSENT MAY BE WITH-
 DRAWN AT ANY TIME, AND A CONTROLLER MUST PROVIDE CLEAR, CONSPICUOUS, AND
 CONSUMER-FRIENDLY MEANS TO WITHDRAW CONSENT. THE BURDEN OF  ESTABLISHING
 CONSENT IS ON THE CONTROLLER. CONSENT DOES NOT INCLUDE: (I) AN AGREEMENT
 OF  GENERAL TERMS OF USE OR A SIMILAR DOCUMENT THAT REFERENCES UNRELATED
 INFORMATION IN ADDITION TO PERSONAL DATA PROCESSING; (II)  AN  AGREEMENT
 OBTAINED THROUGH FRAUD, DECEIT OR DECEPTION; (III) ANY ACT THAT DOES NOT
 CONSTITUTE A USER'S INTENT TO INTERACT WITH ANOTHER PARTY SUCH AS HOVER-
 ING  OVER,  PAUSING OR CLOSING ANY CONTENT; OR (IV) A PRE-CHECKED BOX OR
 SIMILAR DEFAULT.
   (B) "CONSUMER" MEANS A NATURAL PERSON  WHO  IS  A  NEW  YORK  RESIDENT
 ACTING ONLY IN AN INDIVIDUAL OR HOUSEHOLD CONTEXT. IT DOES NOT INCLUDE A
 NATURAL  PERSON  KNOWN  TO  BE  ACTING  IN  A PROFESSIONAL OR EMPLOYMENT
 CONTEXT.
   (C) "DATA BROKER" MEANS A PERSON, OR UNIT OR UNITS OF A LEGAL  ENTITY,
 SEPARATELY  OR TOGETHER, THAT DOES BUSINESS IN THE STATE OF NEW YORK AND
 KNOWINGLY COLLECTS, AND SELLS TO OTHER CONTROLLERS OR THIRD PARTIES, THE
 PERSONAL DATA OF A  CONSUMER  WITH  WHOM  IT  DOES  NOT  HAVE  A  DIRECT
 RELATIONSHIP. "DATA BROKER" DOES NOT INCLUDE ANY OF THE FOLLOWING:
   (I)  A  CONSUMER  REPORTING AGENCY TO THE EXTENT THAT IT IS COVERED BY
 THE FEDERAL FAIR CREDIT REPORTING ACT (15 U.S.C. SEC. 1681 ET SEQ.); OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13849-01-3
 S. 9540                             2
 
   (II) A FINANCIAL INSTITUTION TO THE EXTENT THAT IT IS COVERED  BY  THE
 GRAMM-LEACH-BLILEY  ACT  (PUBLIC  LAW  106-102)  AND  IMPLEMENTING REGU-
 LATIONS.
   (D)  "HOUSEHOLD"  MEANS  A GROUP, HOWEVER IDENTIFIED, OF CONSUMERS WHO
 COHABITATE WITH ONE ANOTHER AT THE  SAME  RESIDENTIAL  ADDRESS  AND  MAY
 SHARE USE OF COMMON DEVICES OR SERVICES.
   (E)  "MILITARY  SERVICEMEMBER"  MEANS  A  PERSON WHO IS SERVING OR HAS
 SERVED:
   (I) ON ACTIVE DUTY IN THE ARMY, NAVY, MARINE CORPS, AIR  FORCE,  SPACE
 FORCE, OR COAST GUARD OF THE UNITED STATES;
   (II) IN THE ARMY NATIONAL GUARD OR AIR NATIONAL GUARD;
   (III) AS A COMMISSIONED OFFICER IN THE PUBLIC HEALTH SERVICE OR OF THE
 NATIONAL   OCEANIC   AND  ATMOSPHERIC  ADMINISTRATION  OR  ENVIRONMENTAL
 SCIENCES SERVICES ADMINISTRATION; OR
   (IV) AS A CADET AT A UNITED STATES ARMED FORCES SERVICE ACADEMY.
   (F) "MILITARY SERVICEMEMBER LIST" MEANS A LIST THAT INCLUDES  PERSONAL
 INFORMATION,  OTHER  THAN  PUBLIC  RECORD INFORMATION, ABOUT ONE OR MORE
 INDIVIDUALS OR HOUSEHOLDS WHICH IS CREATED FOR THE  EXPRESS  OR  IMPLIED
 PURPOSE  OF  COMPILING  INFORMATION ABOUT INDIVIDUALS WHO ARE CURRENT OR
 FORMER SERVICEMEMBERS.
   (G) "PERSONAL DATA" MEANS ANY DATA THAT IDENTIFIES OR COULD REASONABLY
 BE LINKED, DIRECTLY OR INDIRECTLY, WITH A SPECIFIC  NATURAL  PERSON,  OR
 HOUSEHOLD. PERSONAL DATA DOES NOT INCLUDE DEIDENTIFIED DATA, INFORMATION
 THAT  IS  LAWFULLY  MADE PUBLICLY AVAILABLE FROM FEDERAL, STATE OR LOCAL
 GOVERNMENT RECORDS, OR INFORMATION THAT A CONTROLLER  HAS  A  REASONABLE
 BASIS TO BELIEVE IS LAWFULLY MADE AVAILABLE TO THE GENERAL PUBLIC BY THE
 CONSUMER OR FROM WIDELY DISTRIBUTED MEDIA.
   (H) "SELL" MEANS SELLING, RESELLING, DISCLOSING, TRANSFERRING, CONVEY-
 ING, SHARING, LICENSING, TRADING, MAKING AVAILABLE, PROCESSING, GRANTING
 OF  PERMISSION  OR  AUTHORIZATION TO PROCESS, OR OTHERWISE EXCHANGING OR
 PROVIDING ACCESS TO PERSONAL DATA FOR MONETARY OR OTHER VALUABLE CONSID-
 ERATION. "SELL" INCLUDES ENABLING, FACILITATING OR PROVIDING  ACCESS  TO
 PERSONAL  DATA  FOR  TARGETED  ADVERTISING.  "SELL" DOES NOT INCLUDE THE
 FOLLOWING:
   (I) THE DISCLOSURE OF DATA TO A PROCESSOR WHO PROCESSES  THE  DATA  ON
 BEHALF  OF  THE  CONTROLLER  AND  WHICH IS CONTRACTUALLY PROHIBITED FROM
 USING IT FOR ANY PURPOSE OTHER THAN AS INSTRUCTED BY THE CONTROLLER;
   (II) THE DISCLOSURE OR TRANSFER OF DATA AS AN ASSET THAT IS PART OF  A
 MERGER,  ACQUISITION,  BANKRUPTCY, OR OTHER TRANSACTION IN WHICH ANOTHER
 ENTITY ASSUMES CONTROL OR OWNERSHIP OF ALL OR A MAJORITY OF THE CONTROL-
 LER'S ASSETS; OR
   (III) THE DISCLOSURE OF PERSONAL DATA TO A THIRD PARTY  NECESSARY  FOR
 PURPOSES OF PROVIDING A PRODUCT, SERVICE, OR INTERACTION WITH SUCH THIRD
 PARTY,  WHEN  THE CONSUMER INTENTIONALLY AND UNAMBIGUOUSLY REQUESTS SUCH
 DISCLOSURE.
   2. IT SHALL BE UNLAWFUL FOR A DATA BROKER KNOWINGLY OR  RECKLESSLY  TO
 SELL  A  MILITARY SERVICEMEMBER LIST OR PERSONAL DATA ABOUT ANY MILITARY
 SERVICEMEMBER WITHOUT CONSENT FROM SUCH MILITARY SERVICEMEMBERS.
   3. THIS SECTION APPLIES TO LEGAL PERSONS THAT CONDUCT BUSINESS IN  NEW
 YORK  OR  PRODUCE PRODUCTS OR SERVICES THAT ARE TARGETED TO RESIDENTS OF
 NEW YORK.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.