Assembly Bill A10677

2021-2022 Legislative Session

Prohibits geofencing by digital advertisers at health care facilities

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A10677 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §396-aaaa, Gen Bus L

2021-A10677 (ACTIVE) - Summary

Prohibits digital advertisers from establishing a virtual "geofence" around a health care facility that enables the advertiser to send targeted advertisements to any cellphones or mobile devices that enter such health care facility; prohibits the delivery of digital advertisements to persons in a health care facility using geofencing technology.

2021-A10677 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10677
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on  Consumer  Affairs
   and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   geofencing by digital advertisers at health care facilities
 
   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
 396-aaaa to read as follows:
   §  396-AAAA.  PROHIBITION  ON GEOFENCING. 1.  FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "DIGITAL ADVERTISER" SHALL MEAN ANY PERSON,  CORPORATION,  PARTNER-
 SHIP  OR  ASSOCIATION THAT DELIVERS DIGITAL ADVERTISEMENTS BY ELECTRONIC
 MEANS.
   B. "DIGITAL ADVERTISEMENT" SHALL INCLUDE ANY  COMMUNICATION  DELIVERED
 BY  ELECTRONIC  MEANS  THAT  IS  INTENDED TO BE USED FOR THE PURPOSES OF
 MARKETING,  SOLICITATION,  OR  DISSEMINATION  OF  INFORMATION   RELATED,
 DIRECTLY  OR  INDIRECTLY,  TO  GOODS OR SERVICES PROVIDED BY THE DIGITAL
 ADVERTISER OR A THIRD PARTY.
   C. "DELIVERED BY ELECTRONIC MEANS" SHALL INCLUDE DELIVERY TO AN  ELEC-
 TRONIC MAIL ADDRESS, POSTING ON AN ELECTRONIC NETWORK OR SITE ACCESSIBLE
 VIA  THE  INTERNET, MOBILE APPLICATION, COMPUTER, MOBILE DEVICE, TABLET,
 OR ANY OTHER ELECTRONIC DEVICE USED BY A NATURAL PERSON.
   D. "GEOFENCING" SHALL MEAN A TECHNOLOGY THAT USES  GLOBAL  POSITIONING
 SYSTEM  COORDINATES,  CELL  TOWER  CONNECTIVITY,  CELLULAR DATA,   RADIO
 FREQUENCY IDENTIFICATION, WI-FI DATA AND/OR ANY OTHER FORM  OF  LOCATION
 DETECTION,  TO  ESTABLISH  A  VIRTUAL  BOUNDARY  OR  "GEOFENCE" AROUND A
 PARTICULAR LOCATION THAT  ALLOWS  A  DIGITAL  ADVERTISER  TO  TRACK  THE
 LOCATION  OF  AN  INDIVIDUAL  USER  AND  ELECTRONICALLY DELIVER TARGETED
 DIGITAL ADVERTISEMENTS DIRECTLY TO SUCH USER'S MOBILE DEVICE  UPON  SUCH
 USER'S ENTRY INTO THE GEOFENCED AREA.
   E. "HEALTH CARE FACILITY" SHALL MEAN ANY GOVERNMENTAL OR PRIVATE AGEN-
 CY,  DEPARTMENT,  INSTITUTION, CLINIC, LABORATORY, HOSPITAL, PHYSICIAN'S
 OFFICE, NURSING CARE FACILITY, HEALTH MAINTENANCE ORGANIZATION,  ASSOCI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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