Assembly Bill A8716

2025-2026 Legislative Session

Enacts the "autism data privacy protection act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-A8716 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §170-j, Exec L

2025-A8716 (ACTIVE) - Summary

Enacts the "autism data privacy protection act" which provides data protection for persons with autism.

2025-A8716 (ACTIVE) - Bill Text download pdf 

                             
                     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.

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