STATE OF NEW YORK ________________________________________________________________________ 5156 2025-2026 Regular Sessions IN SENATE February 19, 2025 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law and the general business law, in relation to establishing the "It's Your Data Act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "It's Your Data Act". 3 § 2. Section 50 of the civil rights law, as amended by section 1 of 4 subpart A of part MM of chapter 58 of the laws of 2024, is amended to 5 read as follows: 6 § 50. Right of privacy. A person, firm or corporation that collects, 7 stores, and/or uses for the purpose of advertising [~~purposes, or for the~~ 8 ~~purposes of~~], trade, data-mining, or generating commercial or economic 9 value, the name, portrait, picture, video, likeness, [or] voice, and all 10 other personal data, biometric data, and location data of any living 11 person without having first obtained the written consent of such person, 12 or if a minor of such minor's parent or guardian, or, if such consent is 13 obtained, subsequently fails to exercise reasonable care consistent with 14 its obligations as bailee of that person's name, portrait, picture, 15 video, likeness, voice, and all other personal data, biometric data, and 16 location data, is guilty of a misdemeanor. 17 § 3. Section 51 of the civil rights law, as amended by section 2 of 18 subpart A of part MM of chapter 58 of the laws of 2024, is amended to 19 read as follows: 20 § 51. Action for injunction and for damages. Any person [~~whose name,~~ 21 ~~portrait, picture, likeness or voice is used within this state for~~ 22 ~~advertising purposes or for the purposes of trade without the written~~ 23 ~~consent~~], firm or corporation that collects, stores, and/or uses for the 24 purpose of advertising, trade, data-mining, or generating commercial or 25 economic value, name, portrait, picture, video, voice, likeness, and all EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05969-01-5

S. 5156 2 1 other personal data, biometric data, and location data of any living 2 person without having first obtained the written consent of such person, 3 or if a minor of their parent or guardian, or, when such consent is 4 obtained, subsequently fails to exercise reasonable care consistent with 5 its obligations as bailee of that individual's name, portrait, picture, 6 video, likeness, voice, and all other personal data, biometric data, and 7 location data first obtained as above provided may maintain an equitable 8 action in the supreme court of this state against the person, firm or 9 corporation so using such person's name, portrait, picture, video, like- 10 ness [or], voice, and all other personal data, biometric data, and 11 location data to prevent and restrain the use thereof; and may also sue 12 and recover damages for any injuries sustained by reason of such use and 13 if the defendant shall have knowingly used such person's name, portrait, 14 picture, video, likeness [or], voice, and all other personal data, biom- 15 etric data, and location data in such manner as is forbidden or declared 16 to be unlawful by section fifty of this article, the jury, in its 17 discretion, may award exemplary damages. But nothing contained in this 18 article shall be so construed as to prevent any person, firm or corpo- 19 ration from selling or otherwise transferring any material containing 20 such name, portrait, picture, likeness or voice in whatever medium to 21 any user of such name, portrait, picture, video likeness [or], voice, 22 and all other personal data, biometric data, and location data or to any 23 third party [~~for sale~~] or transfer directly or indirectly to such a 24 user, for use, provided that the transferring party undertakes reason- 25 able steps to ensure that any such use is consistent with the selling or 26 transferring party's obligations as bailee of that individual's name, 27 portrait, picture, video, likeness, voice, and all other personal data, 28 biometric data, and location data and use in a manner lawful under this 29 article; nothing contained in this article shall be so construed as to 30 prevent any person, firm or corporation, practicing the profession of 31 photography, from exhibiting in or about their establishment specimens 32 of the work of such establishment, unless the same is continued by such 33 person, firm or corporation after written notice objecting thereto has 34 been given by the person portrayed; and nothing contained in this arti- 35 cle shall be so construed as to prevent any person, firm or corporation 36 from using the name, portrait, picture, video, likeness [or], voice, and 37 all other personal data, biometric data, and location data of any 38 manufacturer or dealer in connection with the goods, wares and merchan- 39 dise manufactured, produced or dealt in by such manufacturer or dealer 40 which they have sold or disposed of with such name, portrait, picture, 41 video, likeness [or], voice, and all other personal data, biometric 42 data, and location data used in connection therewith; or from using the 43 name, portrait, picture, video likeness [or], voice, and all other 44 personal data, biometric data, and location data of any author, composer 45 or artist in connection with their literary, musical or artistic 46 productions which they have sold or disposed of with such name, 47 portrait, picture, video, likeness [or], voice, and all other personal 48 data, biometric data, and location data used in connection therewith. 49 Nothing contained in this section shall be construed to prohibit the 50 copyright owner of a sound recording from disposing of, dealing in, 51 licensing or selling that sound recording to any party, if the right to 52 dispose of, deal in, license or sell such sound recording has been 53 conferred by contract or other written document by such living person or 54 the holder of such right. Nothing contained in the foregoing sentence 55 shall be deemed to abrogate or otherwise limit any rights or remedies 56 otherwise conferred by federal law or state law.

S. 5156 3 1 § 4. The general business law is amended by adding a new article 32-A 2 to read as follows: 3 ARTICLE 32-A 4 IT'S YOUR DATA ACT 5 Section 676. Definitions. 6 676-a. Transparency of the collection, use, retention, and shar- 7 ing of personal information. 8 676-b. Fair collection and use of personal information. 9 676-c. Deletion of personal information. 10 676-d. Access to retained personal information. 11 676-e. Access to disclosure of personal information. 12 676-f. Consent to additional collection or sharing of personal 13 information. 14 676-g. No discrimination by a business against a consumer for 15 exercise of rights. 16 676-h. Reasonable security. 17 676-i. Business implementation of duties. 18 676-j. Exceptions. 19 676-k. Consumer's private right of action. 20 676-l. Agency enforcement action. 21 676-m. Construction. 22 676-n. Attorney general regulations. 23 676-o. Intermediate transactions. 24 676-p. Non-waiver. 25 676-q. Severability. 26 § 676. Definitions. 1. For the purposes of this article: 27 (a) "Aggregate consumer information" means information that relates to 28 a group of consumers, from which individual consumer identities have 29 been removed, that is not linked or reasonably linkable to any consumer 30 or household, including via a device. Aggregate consumer information 31 does not mean one or more individual consumer records that have been 32 de-identified. 33 (b) "Biometric information" means an individual's physiological, 34 biological or behavioral characteristics or an electronic representation 35 of such, including an individual's deoxyribonucleic acid (DNA), that can 36 be used, singly or in combination with each other or with other identi- 37 fying data, to establish individual identity. Biometric information 38 includes, but is not limited to, imagery of the iris, retina, finger- 39 print, face, hand, palm, vein patterns, and voice recordings, from which 40 an identifier template, such as a faceprint, a minutiae template, or a 41 voiceprint, can be extracted, and keystroke patterns or rhythms, gait 42 patterns or rhythms, and sleep, health, or exercise data that contain 43 identifying information. 44 (c) "Business" means: 45 (i) A sole proprietorship, partnership, limited liability company, 46 corporation, association, or other legal entity that is organized or 47 operated for the profit or financial benefit of its shareholders or 48 other owners, that collects consumers' personal information, or on the 49 behalf of which such information is collected and that alone, or jointly 50 with others, determines the purposes and means of the processing of 51 consumers' personal information, that does business in the state of New 52 York, and that satisfies one or more of the following thresholds: 53 (1) has annual gross revenues in excess of fifty million dollars, as 54 adjusted pursuant to paragraph (f) of subdivision one of section six 55 hundred seventy-six-n of this article;

S. 5156 4 1 (2) alone or in combination, annually buys, receives for the business' 2 commercial purposes, sells, or discloses for commercial purposes, alone 3 or in combination, the personal information of fifty thousand or more 4 consumers, households, or devices; or 5 (3) derives fifty percent or more of its annual revenues from selling 6 consumers' personal information; and 7 (ii) Any entity that controls or is controlled by a business, as 8 defined in subparagraph (i) of this paragraph, and that shares common 9 branding with such business. 10 (d) "Control" or "controlled" means ownership of, or the power to 11 vote, more than fifty percent of the outstanding shares of any class of 12 voting security of a business; control in any manner over the election 13 of a majority of the directors, or of individuals exercising similar 14 functions; or the power to exercise a controlling influence over the 15 management of a business. 16 (e) "Common branding" means a shared name, servicemark, or trademark. 17 (f) "Operational purpose" means the use of personal information when 18 reasonably necessary and proportionate to achieve one of the following 19 operational purposes: 20 (i) auditing related to a current interaction with the consumer and 21 concurrent transactions, including, but not limited to, counting ad 22 impressions to unique visitors, verifying positioning and quality of ad 23 impressions, and auditing compliance with this paragraph and other stan- 24 dards; 25 (ii) detecting and responding to security incidents, protecting 26 against malicious, deceptive, fraudulent, or illegal activity, and pros- 27 ecuting those responsible for that activity; 28 (iii) debugging to identify and repair errors that impair existing 29 intended functionality; 30 (iv) short-term, transient use, provided the personal information is 31 not disclosed to another third party and is not used to build a profile 32 about a consumer or otherwise alter an individual consumer's experience 33 outside the current interaction, including, but not limited to, the 34 contextual customization of ads shown as part of the same interaction; 35 (v) performing or providing services on behalf of the business or 36 service provider, including maintaining or servicing accounts, billing 37 or collecting for requested products or services, providing customer 38 service, processing or fulfilling orders and transactions, verifying 39 customer information, processing payments, providing financing, provid- 40 ing advertising or marketing services, providing analytic services, or 41 providing similar services on behalf of the business or service provid- 42 er; 43 (vi) undertaking internal research for technological development and 44 demonstration; 45 (vii) undertaking activities to verify or maintain the quality or 46 safety of a service or device that is owned, manufactured, manufactured 47 for, or controlled by the business, or to improve, upgrade, or enhance 48 the service or device that is owned, manufactured, manufactured for, or 49 controlled by the business; 50 (viii) customization of content; or 51 (ix) customization of advertising or marketing. 52 (g) "Collects," "collected," or "collection" means buying, renting, 53 gathering, obtaining, receiving, or accessing any personal information 54 pertaining to a consumer by any means. This shall include, but shall not 55 be limited to, receiving information from the consumer, either actively 56 or passively, or by observing the consumer's behavior.

S. 5156 5 1 (h) "Commercial purposes" means to advance a person's commercial or 2 economic interests, such as by inducing another person to buy, rent, 3 lease, join, subscribe to, provide, or exchange products, goods, proper- 4 ty, information, or services, or enabling or effecting, directly or 5 indirectly, a commercial transaction. Commercial purposes shall not 6 include engaging in speech that state or federal courts have recognized 7 as noncommercial speech, including, but not limited to, political speech 8 and journalism. 9 (i) "Consumer" means a natural person who is a resident of the state 10 of New York. 11 (j) "De-identified" means information that cannot reasonably identify, 12 relate to, describe, be capable of being associated with, or be linked, 13 directly or indirectly, to a particular consumer, provided that a busi- 14 ness that uses de-identified information: 15 (i) takes reasonable measures to ensure that the data is de-identi- 16 fied; 17 (ii) publicly commits to maintain and use the data in a de-identified 18 fashion and not to attempt to re-identify the data; and 19 (iii) contractually prohibits downstream recipients from attempting to 20 re-identify the data. 21 (k) "Designated methods for submitting requests" means a mailing 22 address, email address, internet web page, internet web portal, toll- 23 free telephone number, or other applicable contact information, whereby 24 consumers may submit a request under this article, and any new, consum- 25 er-friendly means of contacting a business, as approved by the attorney 26 general pursuant to section six hundred seventy-six-n of this article. 27 (l) "Device" means any physical object that is capable of connecting 28 to the internet, directly or indirectly, or to another device. 29 (m) "Health insurance information" means a consumer's insurance policy 30 number or subscriber identification number, any unique identifier used 31 by a health insurer to identify the consumer, or any information in the 32 consumer's application and claims history, including any appeals 33 records, if the information is linked or reasonably linkable to a 34 consumer or household, including via a device, by a business or service 35 provider. 36 (n) "Infer" or "inference" means the derivation of information, data, 37 assumptions, or conclusions from facts, evidence, or another source of 38 information or data. 39 (o) "Person" means an individual, proprietorship, firm, partnership, 40 joint venture, syndicate, business trust, company, corporation, limited 41 liability company, association, committee, and any other organization or 42 group of persons acting in concert. 43 (p) "Personal information" means information that identifies or could 44 reasonably be linked, directly or indirectly, with a particular consum- 45 er, household, or consumer device. Personal information shall not 46 include publicly available information, information that is de-identi- 47 fied, or aggregate consumer information. 48 (q) "Publicly available" means information that is lawfully made 49 available from federal, state, or local government records. Publicly 50 available does not mean information collected by a business about a 51 consumer without the consumer's knowledge. 52 (r) "Service" or "services" means work, labor, and services, including 53 services furnished in connection with the production, sale or repair of 54 goods. 55 (s) "Service provider" means an individual sole proprietorship, part- 56 nership, limited liability company, corporation, association, or other

S. 5156 6 1 legal entity that is organized or operated for the profit or financial 2 benefit of its shareholders or other owners, that processes information 3 on behalf of a business and to which such business discloses a consum- 4 er's personal information for an operational purpose pursuant to a writ- 5 ten or electronic contract, provided that the contract prohibits the 6 entity receiving the information from retaining, using, or disclosing 7 the personal information for any purpose other than for the specific 8 purpose of performing the services specified in the contract for such 9 business, or as otherwise permitted by this article, including a prohi- 10 bition on retaining, using, or disclosing the personal information for a 11 commercial purpose other than providing the services specified in the 12 contract with such business. 13 (t) "Verifiable consumer request" means a request that is made by a 14 consumer, by a consumer on behalf of the consumer's minor child, or by a 15 natural person or a person registered with the secretary of state, 16 authorized by the consumer to act on the consumer's behalf, and that the 17 business can reasonably verify. A business shall not be obligated to 18 provide any personal information to a consumer if such business cannot 19 verify that the consumer making the request is the consumer about whom 20 such business has collected personal information or is a person author- 21 ized by the consumer to act on such consumer's behalf. 22 (u) "Third party" means a person or business that is not any of the 23 following: 24 (i) the business that collects personal information from consumers 25 under this article; or 26 (ii) a person to whom the business discloses a consumer's personal 27 information for an operational purpose pursuant to a written contract, 28 provided that the contract: 29 (1) prohibits the person receiving the personal information from: 30 (A) selling the personal information; 31 (B) retaining, using, or disclosing the personal information for any 32 purpose other than for the specific purpose of performing the services 33 specified in the contract, including retaining, using, or disclosing the 34 personal information for a commercial purpose other than providing the 35 services specified in the contract; and 36 (C) retaining, using, or disclosing the information outside of the 37 direct business relationship between the person and the business; and 38 (2) includes a certification made by the person receiving the personal 39 information that the person understands the restrictions in clause one 40 of this subparagraph and will comply with such restrictions. 41 2. For references to a category or categories of personal information 42 required to be disclosed pursuant to this article: 43 (a) "Processing" means any operation or set of operations that are 44 performed on personal data or on sets of personal data, whether or not 45 by automated means. 46 (b) "Research" means scientific and systematic study and observation, 47 including basic research or applied research that is in the public 48 interest and that adheres to all other applicable ethics and privacy 49 laws or studies conducted in the public interest in the area of public 50 health. Research with personal information that may have been collected 51 from a consumer in the course of the consumer's interactions with a 52 business' service or device for other purposes shall be: 53 (i) compatible with an operational purpose for which the personal 54 information was collected; 55 (ii) subsequently de-identified, or in the aggregate, such that the 56 information cannot reasonably identify, relate to, describe, be capable

S. 5156 7 1 of being associated with, or be linked, directly or indirectly, to a 2 particular consumer; 3 (iii) made subject to technical safeguards to prevent re-identifica- 4 tion of the consumer to whom the information may pertain; 5 (iv) subject to business processes that specifically prohibit re-iden- 6 tification of the information; 7 (v) made subject to business processes to prevent inadvertent release 8 of de-identified information; 9 (vi) protected from any re-identification attempts; 10 (vii) used solely for research purposes that are compatible with the 11 context in which the personal information was collected; 12 (viii) not be used for any commercial purpose; and 13 (ix) subjected by the business conducting the research to additional 14 security controls that limit access to the research data to only those 15 individuals in a business as are necessary to carry out the research 16 purpose. 17 (c) (i) "Sell," "selling," "sale," or "sold," means selling, renting, 18 releasing, disclosing, disseminating, making available, transferring, or 19 otherwise communicating orally, in writing, or by electronic or other 20 means, a consumer's personal information by the business to another 21 business or a third party for monetary or other valuable consideration. 22 (ii) For purposes of this article, a business does not sell personal 23 information when: 24 (1) a consumer uses or directs the business to intentionally disclose 25 personal information or uses the business to intentionally interact with 26 a third party, provided such third party does not also sell the personal 27 information, unless such disclosure would be consistent with the 28 provisions of this article. An intentional interaction occurs when the 29 consumer intends to interact with the third party, via one or more 30 deliberate interactions. Hovering over, muting, pausing, or closing a 31 given piece of content shall not constitute a consumer's intent to 32 interact with a third party; 33 (2) the business uses or discloses an identifier for a consumer who 34 has opted out of the sale of the consumer's personal information for the 35 purposes of alerting third parties that the consumer has opted out of 36 the sale of the consumer's personal information; 37 (3) the business uses or discloses personal information of a consumer 38 with a service provider that is necessary to perform an operational 39 purpose and the business has provided notice that information being used 40 or disclosed in its terms and conditions consistent with section six 41 hundred seventy-six-i of this article; or 42 (4) the business transfers to a third party the personal information 43 of a consumer as an asset that is part of a merger, acquisition, bank- 44 ruptcy, or other transaction in which the third party assumes control of 45 all or part of the business, provided that information is used or 46 disclosed consistently with this article. A third party may not mate- 47 rially alter how it uses or discloses the personal information of a 48 consumer in a manner that is materially inconsistent with the promises 49 made at the time of collection, unless it first obtains opt-in consent, 50 as set forth in this article. 51 § 676-a. Transparency of the collection, use, retention, and sharing 52 of personal information. Any business that collects a consumer's 53 personal information shall disclose the following information in its 54 online privacy policy or policies, if the business has an online privacy 55 policy, and update such information at least once every twelve months:

S. 5156 8 1 1. a description of a consumer's rights pursuant to sections six 2 hundred seventy-six-b, six hundred seventy-six-d, six hundred seventy- 3 six-e, six hundred seventy-six-f and six hundred seventy-six-g of this 4 article and one or more designated methods for submitting requests 5 pursuant to sections six hundred seventy-six-c, six hundred 6 seventy-six-d, and six hundred seventy-six-e of this article; 7 2. a description of the personal information such business collects 8 about consumers; 9 3. the categories of sources from which the personal information is 10 collected; 11 4. a description of the methods such business uses to collect personal 12 information; 13 5. the specific purposes for collecting, disclosing, or retaining 14 personal information; 15 6. a description of the personal information it discloses about 16 consumers, or if the business does not disclose consumers' personal 17 information, the business shall disclose such fact; 18 7. the categories of third parties with whom such business shares 19 personal information with, or if the business does not disclose consum- 20 ers' personal information to third parties, the business shall disclose 21 such fact; 22 8. the categories of service providers with whom such business shares 23 personal information with, or if the business does not disclose consum- 24 ers' personal information to service providers, the business shall 25 disclose such fact; 26 9. a description of the length of time for which personal information 27 is retained; and 28 10. if personal data is de-identified such that it is no longer 29 considered personal information but subsequently retained, used, or 30 shared by the business, a description of the method or methods of de-i- 31 dentification. 32 § 676-b. Fair collection and use of personal information. 1. Subject 33 to section six hundred seventy-six-f of this article a business that 34 collects a consumer's personal information shall limit its collection 35 and sharing of personal information with third parties to what is 36 reasonably necessary to provide a service or conduct an activity that a 37 consumer has requested or is reasonably necessary for security or fraud 38 prevention, and shall require any such third party to exercise care over 39 the consumer's personal information consistent with the original busi- 40 ness's obligations as bailee of such information. 41 2. Subject to section six hundred seventy-six-f of this article, a 42 business that collects a consumer's personal information shall be obli- 43 gated to exercise reasonable care with respect to the collection, stor- 44 age, and use of that information, consistent with its obligations as a 45 bailee, and shall limit its use and retention of personal information to 46 what is reasonably necessary to provide a service or conduct an activity 47 that a consumer has requested or a related operational purpose, provided 48 however that data collected or retained solely for security or fraud 49 prevention may not be used for related operational purposes. 50 § 676-c. Deletion of personal information. 1. A consumer shall have 51 the right to request that a business delete any personal information 52 about such consumer which the business has collected from the consumer. 53 2. A business that collects personal information about consumers shall 54 disclose, pursuant to the notice requirements of section six hundred 55 seventy-six-i of this article, the consumer's rights to request the 56 deletion of the consumer's personal information.

S. 5156 9 1 3. A business that receives a verifiable consumer request from a 2 consumer to delete the consumer's personal information pursuant to 3 subdivision one of this section shall delete the consumer's personal 4 information from its records and direct any service providers to delete 5 the consumer's personal information from their records. 6 4. A business or a service provider shall not be required to comply 7 with a consumer's request to delete the consumer's personal information 8 if: 9 (a) such retention of personal information is reasonably anticipated 10 within the context of a business's ongoing business relationship with 11 the consumer; or 12 (b) it is necessary for the business or service provider to maintain 13 the consumer's personal information in order to: 14 (i) complete the transaction for which the personal information was 15 collected, provide a good or service requested by the consumer, or 16 otherwise perform a contract between the business and the consumer; 17 (ii) detect or respond to security incidents, protect against mali- 18 cious, deceptive, fraudulent, or illegal activity, or prosecute those 19 responsible for that activity; 20 (iii) debug to identify and repair errors that impair existing 21 intended functionality; 22 (iv) exercise free speech, ensure the right of another consumer to 23 exercise their right of free speech; 24 (v) engage in public or peer-reviewed scientific, historical, or 25 statistical research in the public interest that adheres to all other 26 applicable ethics and privacy laws, when the businesses' deletion of the 27 information is likely to render impossible or seriously impair the 28 achievement of such research, if the consumer has provided informed 29 consent; or 30 (vi) comply with a legal obligation. 31 § 676-d. Access to retained personal information. 1. If a business 32 collects personal information about a consumer, the consumer shall have 33 the right to ask the business for the following information, and the 34 business shall have the duty to provide it, promptly and free of charge, 35 upon receipt of a verifiable request: 36 (a) the specific pieces of personal information that the business 37 retains about that consumer; 38 (b) the specific sources from which the business collected the 39 personal information; and 40 (c) its purpose for collecting the personal information. 41 2. When a business receives a verifiable consumer request from a 42 consumer for the specific pieces of their personal information, such 43 business shall disclose such information in an electronic, portable, 44 machine-readable, and readily-useable format or formats that allow the 45 consumer to understand such information and to transmit such information 46 to another entity without hindrance. 47 § 676-e. Access to disclosure of personal information. If a business 48 discloses personal information about a consumer to a third party, the 49 consumer shall have the right to request the following information from 50 the business, and such business shall have the duty to provide it, 51 promptly and free of charge, upon receipt of a verifiable request: 52 1. the categories of personal information that the business disclosed 53 about the consumer, and the categories of third parties to whom the 54 personal information was disclosed, by category of personal information 55 for each category of third party; and

S. 5156 10 1 2. the specific third parties to whom the personal information was 2 disclosed. 3 § 676-f. Consent to additional collection or sharing of personal 4 information. 1. Other than as described in section six hundred seventy- 5 six-b of this article, a business shall not collect or share a consum- 6 er's personal information unless the consumer has affirmatively author- 7 ized the collection or disclosure. This right to collect or share a 8 consumer's personal information may be referred to as the right to 9 "opt-in consent". 10 2. Any personal information of a consumer collected or shared by a 11 business upon the affirmative authorization of the consumer shall remain 12 the property of such consumer, and the business shall be required to 13 exercise reasonable care in the collection and sharing of such data, 14 consistent with its obligations towards the consumer as bailee of their 15 personal information. 16 3. A business shall request a user's opt-in consent separately from 17 any other permission or consent, with the option to decline consent at 18 least as prominent as the option to provide consent. 19 4. If a consumer declines to provide their opt-in consent to the 20 disclosure of their personal information, a business shall refrain for 21 at least twelve months before again requesting that the consumer provide 22 their opt-in consent to the disclosure of their personal information. 23 5. A business may make available a setting or other user control that 24 the consumer may affirmatively access in order to consent to additional 25 data collection or sharing. 26 6. A business that obtains a consumer's opt-in consent to collect or 27 disclose their personal information pursuant to this section shall 28 provide consumers the ability to withdraw such consent through a readily 29 usable and automated means at any time. 30 § 676-g. No discrimination by a business against a consumer for exer- 31 cise of rights. A business shall not discriminate against a consumer 32 because the consumer exercised any of the consumer's rights under this 33 article or does not provide consent to additional data collection or 34 sharing under section six hundred seventy-six-f of this article includ- 35 ing, but not limited to, by: 36 1. denying goods or services to the consumer; 37 2. charging different prices or rates for goods or services, including 38 through the use of discounts or other benefits or imposing penalties; 39 3. providing a different level or quality of goods or services to the 40 consumer; or 41 4. suggesting that the consumer will receive a different price or rate 42 for goods or services or a different level or quality of goods or 43 services. 44 § 676-h. Reasonable security. 1. A business or service provider shall 45 implement and maintain reasonable security procedures and practices, 46 including administrative, physical, and technical safeguards, appropri- 47 ate to the nature of the information and the purposes for which the 48 personal information will be used, to protect consumers' personal infor- 49 mation from unauthorized use, disclosure, access, destruction, or 50 modification. 51 2. A business or service provider may employ any lawful security meas- 52 ures that allow it to comply with the requirements set forth in this 53 section. 54 § 676-i. Business implementation of duties. 1. A business shall: 55 (a) make available to consumers two or more designated methods for 56 submitting requests pursuant to sections six hundred seventy-six-c, six

S. 5156 11 1 hundred seventy-six-d, and six hundred seventy-six-e of this article, 2 including, at a minimum, a telephone number, and, if the business main- 3 tains an internet web site, a web site address; 4 (b) disclose and deliver the required information to a consumer free 5 of charge within forty-five days of receiving a verifiable consumer 6 request. A business shall take steps to determine whether the request is 7 a verifiable consumer request from the identified consumer. The time 8 period may be extended once by forty-five days when reasonably neces- 9 sary, provided the consumer is provided notice of the extension within 10 the first forty-five day period. The disclosure shall cover the twelve 11 month period preceding the request. It shall be delivered through the 12 consumer's account with the business, if the consumer maintains an 13 account with the business, or by mail or electronically at the consum- 14 er's option, if the consumer does not maintain an account with the busi- 15 ness. The business shall not require the consumer to create an account 16 with the business in order to make a verifiable request; 17 (c) ensure that all individuals responsible for handling consumer 18 inquiries about the business's privacy practices or the business's 19 compliance with this article are informed of all requirements in this 20 article, and how to direct consumers to exercise their rights in this 21 article; and 22 (d) limit the use of any personal information collected from the 23 consumer in connection with a business's verification of the consumer's 24 request solely for the purposes of verification. 25 2. A business shall not be obligated to provide the information 26 required by sections six hundred seventy-six-d and six hundred seventy- 27 six-e of this article to the same consumer more than twice in a twelve 28 month period. 29 § 676-j. Exceptions. 1. The obligations imposed on businesses by this 30 article shall not restrict a business's or service provider's ability 31 to: 32 (a) comply with federal, state, or local laws; 33 (b) comply with a civil, criminal, or regulatory inquiry, investi- 34 gation, subpoena, or summons by federal, state, or local authorities; 35 (c) cooperate with law enforcement agencies concerning conduct or 36 activity that the business, service provider, or third party reasonably 37 and in good faith believes may violate federal, state, or local law; 38 (d) exercise or defend legal claims; 39 (e) collect, use, retain, sell, or disclose consumer information that 40 is de-identified or in the aggregate; or 41 (f) collect or sell a consumer's personal information if every aspect 42 of that commercial conduct takes place wholly outside of the state. For 43 purposes of this section, commercial conduct takes place wholly outside 44 of the state if the business collected information while the consumer 45 was outside of the state, no part of the sale of the consumer's personal 46 information occurred in the state, and no personal information collected 47 while the consumer was in the state is sold. This paragraph shall not 48 permit a business from storing, including on a device, personal informa- 49 tion about a consumer when such consumer is in the state and then 50 collecting such personal information when such consumer and stored 51 personal information is outside of the state. 52 2. Nothing in this article shall require a business to violate an 53 evidentiary privilege under state or federal law or prevent a business 54 from providing the personal information of a consumer who is covered by 55 an evidentiary privilege under state or federal law as part of a privi- 56 leged communication.

S. 5156 12 1 3. This article shall not apply to any of the following: 2 (a) medical information governed by part 2.6 of the Confidentiality of 3 Medical Information Act or protected health information that is 4 collected by a covered entity or business associate governed by the 5 privacy, security, and breach notification rules issued or established 6 by the United States department of health and human services, 45 C.F.R. 7 parts 160 and 164, the Health Insurance Portability and Accountability 8 Act of 1996, or the Health Information Technology for Economic and Clin- 9 ical Health Act; 10 (b) a provider of health care governed by part 2.6 of the Confiden- 11 tiality of Medical Information Act or a covered entity governed by the 12 privacy, security, and breach notification rules issued or established 13 by the United States department of health and human services, 45 C.F.R. 14 parts 160 and 164, or the Health Insurance Portability and Accountabil- 15 ity Act of 1996, to the extent the provider or covered entity maintains 16 patient information in the same manner as medical information or 17 protected health information as described in paragraph (a) of this 18 subdivision; 19 (c) information collected as part of a clinical trial subject to the 20 Federal Policy for the Protection of Human Subjects, also known as the 21 "Common Rule", pursuant to good clinical practice guidelines issued by 22 the International Council for Harmonization or pursuant to human subject 23 protection requirements of the United States Food and Drug Adminis- 24 tration; 25 (d) the sale of personal information to or from a consumer reporting 26 agency if such information is to be reported in, or used to generate, a 27 consumer report as defined in section three hundred eighty-a of this 28 chapter and use of that information is limited by the federal Fair Cred- 29 it Reporting Act, 15 USC 1681; 30 (e) personal information collected, processed, sold, or disclosed 31 pursuant to the federal Gramm-Leach-Bliley Act or any financial privacy 32 laws or regulations of the state of New York, and implementing regu- 33 lations, if it is in conflict with such law; or 34 (f) personal information collected, processed, sold, or disclosed 35 pursuant to the Driver's Privacy Protection Act of 1994, if it is in 36 conflict with such act. 37 4. Notwithstanding a business' obligations to respond to and honor 38 consumer rights requests pursuant to sections six hundred seventy-six-c, 39 six hundred seventy-six-d, and six hundred seventy-six-e of this arti- 40 cle: 41 (a) the time period for a business to respond to any verified consumer 42 request may be extended by up to ninety additional days where necessary, 43 taking into account the complexity and number of the requests. A busi- 44 ness shall inform the consumer of any such extension within forty-five 45 days of receipt of the request, together with the reasons for the delay; 46 (b) if a business does not take action on the request of the consumer, 47 such business shall inform the consumer, without delay and at the latest 48 within the time period permitted of response by this section, of the 49 reasons for not taking action and any rights the consumer may have to 50 appeal the decision to the business; and 51 (c) if requests from a consumer are manifestly unfounded or excessive, 52 in particular because of their repetitive character, a business may 53 either charge a reasonable fee, taking into account the administrative 54 costs of providing the information or communication or taking the action 55 requested, or refuse to act on the request and notify the consumer of 56 the reason for refusing the request. Such business shall bear the burden

S. 5156 13 1 of demonstrating that any verified consumer request is manifestly 2 unfounded or excessive. 3 5. A business that discloses personal information to a service provid- 4 er shall not be liable under this article if the service provider 5 receiving the personal information uses it in violation of the 6 restrictions set forth in this article, provided that, at the time of 7 disclosing the personal information, such business does not have actual 8 knowledge, or reason to believe, that the service provider intends to 9 commit such a violation. A service provider shall not be liable under 10 this article for the obligations of a business for which it provides 11 services as set forth in this article. 12 6. This article shall not be construed to: (a) require a business to 13 collect or retain personal information about a consumer longer than it 14 would be retained such information in the ordinary course of business; 15 or 16 (b) require a business to re-identify or otherwise link information 17 that is not maintained in a manner that would be considered personal 18 information. 19 7. The rights afforded to consumers and the obligations imposed on a 20 business pursuant to this article shall not adversely affect the rights 21 and freedoms of other consumers. 22 8. The rights afforded to consumers and the obligations imposed on any 23 business pursuant to this article shall not apply to the extent that 24 they infringe on the noncommercial activities of a publisher, editor, 25 reporter, or other person connected with or employed upon a newspaper, 26 magazine, or other periodical publication, or by a press association or 27 wire service. 28 § 676-k. Consumer's private right of action. 1. A consumer who has 29 suffered a violation of this article may bring a lawsuit against the 30 business that committed such violation. A violation of this article 31 shall be deemed to constitute an injury in fact to the consumer who has 32 suffered such violation, and the consumer need not suffer monetary or 33 property loss as a result of such violation in order to bring an action 34 for a violation of this article. 35 2. A consumer who prevails in such an action shall obtain the follow- 36 ing remedies: 37 (a) damages in an amount not to exceed seven hundred fifty dollars per 38 consumer per violation or actual damages, whichever is greater; 39 (b) injunctive or declaratory relief, as the court deems proper; 40 (c) reasonable attorney fees and costs; and 41 (d) any other relief the court deems proper. 42 3. In assessing the amount of statutory damages, the court shall 43 consider any one or more of the relevant circumstances presented by any 44 of the parties to the case, including, but not limited to, the nature 45 and seriousness of the misconduct, the number of violations, the 46 persistence of the misconduct, the length of time over which the miscon- 47 duct occurred, the willfulness of the defendant's misconduct, and the 48 defendant's assets, liabilities, and net worth. 49 4. A consumer bringing an action pursuant to this section shall notify 50 the attorney general within thirty days of the filing of such action. 51 § 676-l. Agency enforcement action. 1. The attorney general, county 52 district attorney, or city corporation counsel having proper jurisdic- 53 tion may bring a civil action in the name of the people of the state of 54 New York against any person, business, or service provider who violates 55 any provision of this article.

S. 5156 14 1 2. Any person, business, or service provider who violates the 2 provisions of this article may be liable for a civil penalty of up to 3 seven thousand five hundred dollars for each intentional violation and 4 of up to two thousand five hundred dollars for each unintentional 5 violation. 6 § 676-m. Construction. This article is intended to further the consti- 7 tutional right of privacy and to supplement existing laws relating to 8 consumers' personal information. The provisions of this article are not 9 limited to information collected electronically or over the internet, 10 but shall apply to the collection and sale of all personal information 11 collected by a business from consumers. Wherever possible, law relating 12 to consumers' personal information should be construed to harmonize with 13 the provisions of this article, but in the event of a conflict between 14 other laws and the provisions of this article, the provisions of the law 15 that afford the greatest protection for the right of privacy for consum- 16 ers shall control. 17 § 676-n. Attorney general regulations. 1. Within one year of the 18 effective date of this article, the attorney general shall adopt regu- 19 lations to further the purposes of this article, including, but not 20 limited to: 21 (a) detailing as needed the types of information that are personal 22 information in technology, data collection practices, obstacles to 23 implementation, and privacy concerns; 24 (b) establishing any exceptions necessary to comply with state or 25 federal law, including, but not limited to, those relating to trade 26 secrets and intellectual property rights; 27 (c) facilitating and governing the submission of a request by a 28 consumer to opt out of the sale of personal information pursuant to 29 section six hundred seventy-six-f of this article; 30 (d) governing business compliance with a consumer's opt-out request; 31 (e) developing a recognizable and uniform opt-out logo or button by 32 all businesses to promote consumer awareness of the opportunity to opt- 33 out of the sale of personal information; 34 (f) adjusting the monetary threshold in clause one of subparagraph (i) 35 of paragraph (c) of subdivision one of section six hundred seventy-six 36 of this article in January of every odd-numbered year to reflect any 37 increase in the consumer price index; 38 (g) establishing rules, procedures, and any exceptions necessary to 39 ensure that the notices and information that businesses are required to 40 provide pursuant to this article are provided in a manner that may be 41 easily understood by the average consumer, are accessible to consumers 42 with disabilities, and are available in the language primarily used to 43 interact with the consumer, including establishing rules and guidelines 44 regarding financial incentive offerings; and 45 (h) establishing rules and procedures to further the purposes of 46 sections six hundred seventy-six-d and six hundred seventy-six-e of this 47 article and to facilitate a consumer's or the consumer's authorized 48 agent's ability to obtain information pursuant to section six hundred 49 seventy-six-i of this article, with the goal of minimizing the adminis- 50 trative burden on consumers, taking into account available technology, 51 security concerns, and the burden on the business, to govern a business' 52 determination that a request for information received by a consumer is a 53 verifiable consumer request, including treating a request submitted 54 through a password-protected account maintained by the consumer with the 55 business while the consumer is logged into the account as a verifiable 56 consumer request and providing a mechanism for a consumer who does not

S. 5156 15 1 maintain an account with the business to request information through the 2 business' authentication of the consumer's identity. 3 2. The attorney general may update the foregoing regulations, and 4 adopt additional regulations, as necessary to further the purposes of 5 this article. 6 3. Before adopting any regulations, the attorney general shall solicit 7 broad public participation concerning those regulations. 8 § 676-o. Intermediate transactions. If a series of steps or trans- 9 actions were component parts of a single transaction intended from the 10 beginning to be taken with the intention of avoiding the reach of this 11 article, a court shall disregard the intermediate steps or transactions 12 for purposes of effectuating the purposes of this article. 13 § 676-p. Non-waiver. Any provision of a contract or agreement of any 14 kind that purports to waive or limit in any way a consumer's rights 15 under this article, including, but not limited to, any right to a remedy 16 or means of enforcement, shall be deemed contrary to public policy and 17 shall be void and unenforceable. This section shall not prevent a 18 consumer from declining to request information from a business, declin- 19 ing to opt out of a business' sale of the consumer's personal informa- 20 tion, or authorizing a business to sell the consumer's personal informa- 21 tion after previously opting out. 22 § 676-q. Severability. If any provision of this article or the appli- 23 cation thereof to any person, business, service provider, or circum- 24 stances is held invalid, such invalidity shall not affect other 25 provisions or applications of this article which can be given effect 26 without the invalid provision or application, and to this end the 27 provisions of this article are declared to be severable. 28 § 5. This act shall take effect one year after it shall have become a 29 law.

Establishes the "It's Your Data Act"

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