S T A T E O F N E W Y O R K
________________________________________________________________________
8716
2025-2026 Regular Sessions
I N A S S E M B L Y
June 2, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to enacting the "autism
data privacy protection act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "autism data privacy protection act".
§ 2. The executive law is amended by adding a new section 170-j to
read as follows:
§ 170-J. PRIVACY PROTECTIONS FOR INDIVIDUALS WITH AUTISM. 1. EVERY
STATE AGENCY, BOARD, DEPARTMENT, COMMISSION, POLITICAL SUBDIVISION,
GRANTEE OR CONTRACTOR SHALL BE PROHIBITED FROM COLLECTING OR DISCLOSING
PERSONALLY IDENTIFIABLE AUTISM-RELATED INFORMATION OF A PERSON WITHOUT
THE INFORMED, WRITTEN CONSENT OF SUCH PERSON.
2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, NO STATE AGENCY,
BOARD, DEPARTMENT, COMMISSION, POLITICAL SUBDIVISION, GRANTEE OR
CONTRACTOR SHALL BE FOUND TO BE IN VIOLATION OF THIS SECTION WHEN
PROVIDING SUCH AUTISM-RELATED INFORMATION IN RESPONSE TO COURT ORDERS,
SERVICE DELIVERY NEEDS OR LAWFUL MANDATES AND SUCH STATE AGENCY, BOARD,
DEPARTMENT, COMMISSION, POLITICAL SUBDIVISION, GRANTEE OR CONTRACTOR
TAKES STEPS TO LIMIT AND ANONYMIZE ITS DATA.
3. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, EITHER UPON COMPLAINT
OR OTHERWISE, THAT ANY PERSON'S AUTISM-RELATED INFORMATION WAS DISCLOSED
IN VIOLATION OF THIS SECTION, THE ATTORNEY GENERAL MAY BRING AN ACTION
OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE OF THE
STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS SECTION AND/OR TO
OBTAIN CIVIL PENALTIES OF NOT MORE THAN TWO THOUSAND FIVE HUNDRED
DOLLARS PER VIOLATION. FOR THE PURPOSES OF THIS SUBDIVISION, EACH PERSON
WHOSE AUTISM-RELATED INFORMATION WAS UNLAWFULLY DISCLOSED SHALL BE
CONSIDERED A SEPARATE VIOLATION.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.