NY State Senate Bill 2019-S3147

Senate Bill S3147

2019-2020 Legislative Session

Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Feb 04, 2019	referred to consumer protection

2019-S3147 (ACTIVE) - Details

See Assembly Version of this Bill:: A597
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §390-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8234
2015-2016: A1583
2017-2018: A4719
2021-2022: S272, A589
2023-2024: S2404, A1766

2019-S3147 (ACTIVE) - Summary

Requires retailers to post warning signs of the tracking of customers through cell phones or other electronic devices; provides for civil penalties.

2019-S3147 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3147

SPONSOR: MYRIE
 
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.

2019-S3147 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3147
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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  ASSEM-
 BLY, 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 ELEC-
 TRONIC  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 CONCUR-
 RENTLY 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 LIMIT-
 ED 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  ELEC-
 TRONIC 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

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