Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 16, 2024 |
referred to consumer protection |
Senate Bill S9540
2023-2024 Legislative Session
Sponsored By
(D) 42nd Senate District
Current 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
Actions
2023-S9540 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §399-jj, Gen Bus L
2023-S9540 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9540 SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the general business law, in relation to prohibiting data brokers from selling the personal information of current and former military servicemembers PURPOSE: To prohibit data brokers from selling the personal information of current and former military service members SUMMARY OF PROVISIONS: Section 1: Amends general business law by adding a new section 399-jj which shall be unlawful for a data broker knowingly or recklessly to sell a military service member list or personal data about any military service member without consent from such military service members. Section 2: Provides the effective date.
2023-S9540 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9540 I N S E N A T E May 16, 2024 ___________ Introduced by Sen. SKOUFIS -- 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 prohibiting data brokers from selling the personal information of current and former military servicemembers 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 399-jj to read as follows: § 399-JJ. SALE OF PERSONAL INFORMATION OF SERVICEMEMBERS. 1. AS USED IN THIS SECTION: (A) "CONSENT" MEANS A CLEAR AFFIRMATIVE ACT SIGNIFYING A FREELY GIVEN, SPECIFIC, INFORMED, AND UNAMBIGUOUS INDICATION OF A CONSUMER'S AGREEMENT TO THE PROCESSING OF DATA RELATING TO THE CONSUMER. CONSENT MAY BE WITH- DRAWN AT ANY TIME, AND A CONTROLLER MUST PROVIDE CLEAR, CONSPICUOUS, AND CONSUMER-FRIENDLY MEANS TO WITHDRAW CONSENT. THE BURDEN OF ESTABLISHING CONSENT IS ON THE CONTROLLER. CONSENT DOES NOT INCLUDE: (I) AN AGREEMENT OF GENERAL TERMS OF USE OR A SIMILAR DOCUMENT THAT REFERENCES UNRELATED INFORMATION IN ADDITION TO PERSONAL DATA PROCESSING; (II) AN AGREEMENT OBTAINED THROUGH FRAUD, DECEIT OR DECEPTION; (III) ANY ACT THAT DOES NOT CONSTITUTE A USER'S INTENT TO INTERACT WITH ANOTHER PARTY SUCH AS HOVER- ING OVER, PAUSING OR CLOSING ANY CONTENT; OR (IV) A PRE-CHECKED BOX OR SIMILAR DEFAULT. (B) "CONSUMER" MEANS A NATURAL PERSON WHO IS A NEW YORK RESIDENT ACTING ONLY IN AN INDIVIDUAL OR HOUSEHOLD CONTEXT. IT DOES NOT INCLUDE A NATURAL PERSON KNOWN TO BE ACTING IN A PROFESSIONAL OR EMPLOYMENT CONTEXT. (C) "DATA BROKER" MEANS A PERSON, OR UNIT OR UNITS OF A LEGAL ENTITY, SEPARATELY OR TOGETHER, THAT DOES BUSINESS IN THE STATE OF NEW YORK AND KNOWINGLY COLLECTS, AND SELLS TO OTHER CONTROLLERS OR THIRD PARTIES, THE PERSONAL DATA OF A CONSUMER WITH WHOM IT DOES NOT HAVE A DIRECT RELATIONSHIP. "DATA BROKER" DOES NOT INCLUDE ANY OF THE FOLLOWING: (I) A CONSUMER REPORTING AGENCY TO THE EXTENT THAT IT IS COVERED BY THE FEDERAL FAIR CREDIT REPORTING ACT (15 U.S.C. SEC. 1681 ET SEQ.); OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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