Provides that it shall be unlawful to sell or lease any consumer's email address or other personal info without giving consumer notice and opportunity to opt out

BILL NUMBER:A272

Title of bill

An act to amend the general business law, in relation to requiring that a consumer be given the opportunity to opt out of the use of any electronic identifying information and notice of collection ther- eof

Purpose of general idea of bill

This bill prohibits the sale, lease or exchange of a consumer's electronic mail address or personal identifying information without notice of the collection of such information and the ability to opt out of such sale, lease or exchange

Summary of specific provisions

Amends the General Business law by adding a new section 396-cc.

Justification

Current law does not address the sale, lease, exchange or other use of electronic mail addresses or other personal identifying information which is "harvested" or otherwise secretly obtained from consumers while online. A 1996 Equifax/Harris Consumer Privacy Survey on Internet practices confirmed that Internet users overwhelmingly objected to the tracking of their web browsing activities for marketing purposes.

This bill would protect the privacy interests of consumers who, unknow- ingly and unwittingly, have their electronic mail address and other personal identifying information "harvested" online. Specifically, this bill prohibits the sale, lease or exchange of such information without notice of the collection of such information and the ability to opt out of such sale, lease or exchange

Prior legislative history

2007-2008: A.2l6 - Referred to Consumer Affairs and Protection 2005-2006: A.227 - Referred to Consumer Affairs and Protection 2003-2004: A.5l53 - Passed Assembly

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.