New York’s Proposed Privacy Law

Lately, seemingly following California’s lead, a member of the New York State Legislature proposed legislation which would have solidifies the privacy rights of individuals in New York.

The proposed bill was hailed as providing stronger protection for individuals that the California Privacy Act. Notably, it would provide increased transparency to let individuals know what data companies collected, who they’ve shared that data with, make certain requests that it be corrected or deleted, and choose to not have their data shared or sold at all. Importantly the bill would have enshrined a new concept of Information/Data “Fiduciary”. It would also allow individuals to bring private causes of action for breach. The New York law would have applied to move companies than the CCPA (i.e. the scope was broader).

The text of the bill is available here: https://www.nysenate.gov/legislation/bills/2019/s5642

For better or worse, this bill has been defeated by lobbyists and will not be passed, as least not anytime soon in this configuration. Credit to Senator Kevin Thomas, from Long Island, for pushing it as far as he could.