S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3885
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  the  sale  of
   personal information by an internet service provider
 
   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
 349-g to read as follows:
   § 349-G. SALE, TRANSFER, OR SHARING  OF  PERSONAL  INFORMATION  BY  AN
 INTERNET SERVICE PROVIDER. 1. AS USED IN THIS SECTION:
   (A) "PERSONAL INFORMATION" SHALL MEAN ANY INFORMATION THAT, WHEN IT IS
 DISCLOSED,  IDENTIFIES,  DESCRIBES,  OR IS ABLE TO BE ASSOCIATED WITH AN
 INDIVIDUAL AND INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
   (I) AN INDIVIDUAL'S NAME AND ADDRESS;
   (II) INFORMATION PERTAINING TO  CREDITWORTHINESS,  ASSETS,  INCOME  OR
 LIABILITIES;
   (III) AGE OR DATE OF BIRTH;
   (IV) NAMES OF CHILDREN;
   (V) ELECTRONIC MAIL OR OTHER ADDRESSES OF CHILDREN;
   (VI) NUMBER OF CHILDREN;
   (VII) THE AGE OR GENDER OF CHILDREN;
   (VIII) HEIGHT;
   (IX) WEIGHT;
   (X) RACE;
   (XI) RELIGION;
   (XII) OCCUPATION;
   (XIII) TELEPHONE NUMBER;
   (XIV) EDUCATION;
   (XV) POLITICAL PARTY AFFILIATION;
   (XVI) MEDICAL CONDITION;
   (XVII) DRUGS, THERAPIES, OR MEDICAL PRODUCTS OR EQUIPMENT USED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07718-01-1

 S. 3885                             2

   (XVIII) THE KIND OF PRODUCT THE CUSTOMER PURCHASED, LEASED, OR RENTED;
   (XIX) REAL PROPERTY PURCHASED, LEASED, OR RENTED;
   (XX) THE KIND OF SERVICE PROVIDED;
   (XXI) SOCIAL SECURITY NUMBER;
   (XXII) BANK ACCOUNT NUMBER;
   (XXIII) CREDIT CARD NUMBER;
   (XXIV) DEBIT CARD NUMBER;
   (XXV) BANK OR INVESTMENT ACCOUNT, DEBIT CARD, OR CREDIT CARD BALANCE;
   (XXVI) PAYMENT HISTORY;
   (XXVII) INTERNET SEARCHES; OR
   (XXVIII) BROWSER CACHE.
   (B)  "PROVIDER OF INTERNET SERVICE" SHALL MEAN ANY PERSON, BUSINESS OR
 ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE THAT PROVIDES  INDI-
 VIDUALS,  CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO
 THE INTERNET THROUGH EQUIPMENT THAT IS LOCATED IN THIS STATE.
   2. A PROVIDER OF INTERNET SERVICE SHALL KEEP CONFIDENTIAL:
   (A) ALL PERSONAL INFORMATION CONCERNING A SUBSCRIBER, OTHER  THAN  THE
 ELECTRONIC  MAIL  ADDRESS OF THE SUBSCRIBER, UNLESS THE SUBSCRIBER GIVES
 PERMISSION, IN WRITING OR BY ELECTRONIC MAIL, TO THE PROVIDER OF  INTER-
 NET SERVICE TO DISCLOSE THE INFORMATION; AND
   (B)  THE  ELECTRONIC  MAIL  ADDRESS OF A SUBSCRIBER, IF THE SUBSCRIBER
 REQUESTS, IN WRITING OR BY ELECTRONIC MAIL, TO HAVE THE ELECTRONIC  MAIL
 ADDRESS  OF  THE  SUBSCRIBER  KEPT  CONFIDENTIAL.  UPON RECEIVING SUCH A
 REQUEST FROM A SUBSCRIBER, A PROVIDER OF  INTERNET  SERVICE  SHALL  KEEP
 CONFIDENTIAL  THE  ELECTRONIC MAIL ADDRESS OF THE SUBSCRIBER, UNLESS THE
 SUBSCRIBER GIVES PERMISSION, IN WRITING OR BY ELECTRONIC  MAIL,  TO  THE
 PROVIDER  OF INTERNET SERVICE TO DISCLOSE THE ELECTRONIC MAIL ADDRESS OF
 THE SUBSCRIBER.
   3. A PROVIDER OF INTERNET SERVICE SHALL PROVIDE NOTICE OF THE REQUIRE-
 MENTS OF SUBDIVISION TWO OF THIS SECTION TO EACH OF ITS SUBSCRIBERS. THE
 NOTICE MUST INCLUDE, WITHOUT LIMITATION, A CONSPICUOUS STATEMENT THAT  A
 SUBSCRIBER  MAY  REQUEST,  IN WRITING OR BY ELECTRONIC MAIL, TO HAVE THE
 ELECTRONIC MAIL ADDRESS OF THE SUBSCRIBER KEPT CONFIDENTIAL.
   4. A PROVIDER OF INTERNET SERVICE SHALL NOT ADD A SUPPLEMENTAL  CHARGE
 OR IN ANY WAY  PENALIZE A SUBSCRIBER EITHER FINANCIALLY OR IN QUALITY OR
 SPEED  OF DELIVERY FOR CHOOSING NOT TO ALLOW FOR THE SHARING OF PERSONAL
 INFORMATION.
   5. A PROVIDER OF INTERNET SERVICE WHO VIOLATES ANY PROVISION  OF  THIS
 SECTION  SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE
 OF NOT LESS THAN FIVE HUNDRED DOLLARS OR MORE THAN ONE THOUSAND  DOLLARS
 FOR EACH VIOLATION.
   § 2. This act shall take effect immediately.