Assembly Bill A7597

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7597
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law, in relation to  prohibiting  property
   and casualty insurance companies from increasing rates based on geolo-
   cation information; and to amend the general business law, in relation
   to  disclosure  of geolocation data by motor vehicle manufacturers and
   dealers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The insurance law is amended by adding a new section 2335-b
 to read as follows:
   §  2335-B.  PROHIBITION  OF  RATE  INCREASES FOR PERSONS UTILIZING GPS
 DEVICES. 1. A. FOR PURPOSES OF THIS SECTION,  THE  TERM  "GPS"  MEANS  A
 GLOBAL POSITIONING SYSTEM, OR A COMPARABLE LOCATION TRACKING TECHNOLOGY,
 THAT  USES  NAVIGATIONAL  SATELLITES  TO DETERMINE A USER'S LOCATION AND
 VELOCITY IN REAL TIME. GPS INCLUDES BOTH  FACTORY-INSTALLED  AND  AFTER-
 MARKET GLOBAL POSITIONING SYSTEMS.
   2.  SUBJECT  TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, NO
 INSURER AUTHORIZED TO TRANSACT OR TRANSACTING BUSINESS IN THIS STATE, OR
 CONTROLLING OR CONTROLLED BY OR UNDER  COMMON  CONTROL  BY  OR  WITH  AN
 INSURER  AUTHORIZED  TO  TRANSACT OR TRANSACTING BUSINESS IN THIS STATE,
 WHICH SELLS A POLICY PROVIDING MOTOR VEHICLE LIABILITY INSURANCE  COVER-
 AGE  IN  THIS  STATE  SHALL  USE  INFORMATION FROM ANY GPS TECHNOLOGY TO
 DETERMINE OR IMPOSE ANY ADDITIONAL RATE, COSTS, FEES, CHARGES, OR PENAL-
 TIES ON AN INSURED VEHICLE DRIVER BASED ON GPS  DATA  RELATING  TO  SUCH
 DRIVER'S USE OF A VEHICLE.
   3.  THIS SECTION SHALL NOT LIMIT THE RIGHT OF AN INSURER TO USE GLOBAL
 POSITIONING TECHNOLOGY TO:
   (A) PROVIDE A DISCOUNT OR REDUCTION FOR VEHICLES EQUIPPED WITH A  GPS;
 OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09073-01-5
 A. 7597                             2
              

 
   (B)  IMPOSE  COSTS,  FEES,  CHARGES, OR PENALTIES TO RECOVER A VEHICLE
 THAT DOES NOT CONTAIN A GPS IF  SUCH  VEHICLE  IS  LOST,  MISPLACED,  OR
 STOLEN.
   4.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY IF THE INSURED
 EXPRESSLY AND VOLUNTARILY INSTALLS OR AGREES TO THE INSTALLATION OF  THE
 GPS  DEVICE OBTAINED FROM THE INSURER FOR THE SPECIFIC PURPOSE OF EVALU-
 ATING THE INSURED'S DRIVING HABITS FOR THE PURPOSE OF DETERMINING INSUR-
 ANCE RATES.
   § 2. The general business law is amended by adding a new section 198-d
 to read as follows:
   § 198-D. USE OF GEOLOCATION DATA. 1. NO MOTOR VEHICLE MANUFACTURER  OR
 DEALER  OPERATING WITHIN THE STATE SHALL, WITHOUT THE CONSUMER'S EXPRESS
 PRIOR CONSENT:
   (A) COLLECT, RECORD OR MAINTAIN A CONSUMER'S GPS INFORMATION REGARDING
 PRECISE GEOLOCATION AND DRIVING BEHAVIOR;
   (B) DISCLOSE THE CONSUMER'S SENSITIVE GEOLOCATION AND DRIVER  BEHAVIOR
 DATA TO CONSUMER REPORTING AGENCIES; OR
   (C) SELL THE CONSUMER'S SENSITIVE GEOLOCATION AND DRIVER BEHAVIOR DATA
 TO ANY THIRD PARTY.
   2.  ANY MOTOR VEHICLE MANUFACTURER OR DEALER THAT COLLECTS, RECORDS OR
 MAINTAINS A CONSUMER'S GPS INFORMATION REGARDING PRECISE GEOLOCATION AND
 DRIVING BEHAVIOR SHALL:
   (A) IN EACH CASE, OBTAIN AFFIRMATIVE EXPRESS CONSENT FROM THE CONSUMER
 PRIOR TO COLLECTING CONNECTED VEHICLE DATA;
   (B) PROVIDE A WAY FOR THE CONSUMER TO OPT-OUT  OF  THE  COLLECTION  OF
 GEOLOCATION AND DRIVER BEHAVIOR DATA;
   (C)  ALLOW  CONSUMERS  TO  LIMIT  DATA COLLECTION FROM THEIR VEHICLES,
 INCLUDING ALLOWING THE CONSUMER THE ABILITY TO DISABLE THE COLLECTION OF
 PRECISE GEOLOCATION DATA FROM THEIR VEHICLES IF THEIR  VEHICLE  HAS  THE
 NECESSARY TECHNOLOGY;
   (D) ALLOW THE CONSUMER TO OBTAIN DATA;
   (E) ALLOW THE CONSUMER TO DELETE THEIR DATA.
   3.  ANY  PERSON, FIRM, OR CORPORATION VIOLATING THE PROVISIONS OF THIS
 SECTION SHALL BE LIABLE IN AN ACTION BROUGHT ON BEHALF OF THE PEOPLE  OF
 THE  STATE  OF  NEW  YORK IN THE SUM OF ONE THOUSAND DOLLARS FOR EACH OF
 SUCH VIOLATIONS.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT THE DISCLOSURE OF
 A CONSUMER'S GPS GEOLOCATION OR  DRIVER'S  BEHAVIOR  DATA  TO  EMERGENCY
 FIRST RESPONDERS OR TO LAW ENFORCEMENT AGENCIES.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.