What's happening
This bill requires retailers in New York to post warning signs if they track customers through cell phones or electronic devices.
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Who cares
Headline styles
Warn Shoppers About Device Tracking
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Post Phone Tracking Warnings
In Assembly Committee · Consumer Affairs And Protection · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3147
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. MYRIE -- 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 requiring retailers to post warning signs of the tracking of customers through cell phones or other electronic devices
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 390-d to read as follows:
§ 390-d. Posting of warning signs by retailers tracking customers through cell phones or other electronic devices. 1. Any retailer that tracks a customer by use of the customer's cell phone or any other electronic device while the customer is in their establishment shall conspicuously post a warning sign at each entrance indicating that such retailer performs such tracking. Such warning sign shall also provide information for customers who wish to opt out of the tracking.
2. Any retailer that violates this section shall be subject to a civil penalty of not more than one hundred dollars for the first violation, not more than two hundred fifty dollars for the second violation, and not more than five hundred dollars for each violation thereafter. The provisions of subdivision one of this section may be enforced concurrently by the director of a municipal consumer affairs office, or by the town attorney, city corporation counsel, or other lawful designee of a municipality or local government, and all moneys collected thereunder shall be retained by such municipality or local government.
3. For purposes of this section "tracking" includes, but is not limited to, situations where retailers track a person's movement throughout the establishment for purposes of storing or selling such information pertaining to such person. "Tracking" does not include the use of electronic devices that are not unique to a particular person.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03318-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to requiring retailers to post warning signs of the tracking of customers through cell phones or other electronic devices
Purpose
This bill requires businesses to fully disclose the presence of a customer tracking system within their store and provide a way for customers to opt-out of such tracking.
Summary of provisions
Section one amends the general business law by adding a new section 390-d.
Section two sets forth the effective date.
Justification
A number of stores have recently reported that they are either exper- imenting with or actively using technology that, through an individual cell phone's Wi-Fi system, tracks that customer's movement and actions around the store. Tech companies are being hired by businesses to use this technology to learn more about the customers that visit stores and their habits while within. Within a store numerous Wi-Fi sensors would be placed in various locations and using an individual's cell phone or other device's media access control (MAC) which gives off a personal signal when searching for Wi-Fi, the sensors can "monitor" an individ- ual. Thus, any person with a Wi-Fi-enabled phone is automatically tracked as they move through the store. Information about how frequently that specific MAC address visits the store, which departments it visits when it is in the store, how long it stays in each department, and how long it stays in the store, among other details, are what this system is monitoring and recording.
Competition among businesses is ever-present and store owners consist- ently seek out 'ways to entice new customers and keep those they already have, but means of doing so which encroach on individual's privacy should be fully disclosed. If customers are unaware that they are being tracked and monitored, even though remaining nameless, that business has violated their trust and their expectation of privacy as they move through the store. in addition, this brings up the fear of what might be done with the data once it is collected. Whether the property of the tech company or the individual, business, this information belongs to them once it is collected and they are free to sell it or use it for other means.
Legislative history
2017-18: A.4719 - Referred to Consumer Affairs and Protection 2015-16: A.1583 - Referred to Consumer Affairs and Protection 2013-14: A.8234-A - Reported to Rules
Fiscal implications
None to the State.
Effective date
This bill shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.