S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5156
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law and the general  business  law,  in
   relation to establishing the "It's Your Data Act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "It's Your Data Act".
   §  2.  Section  50 of the civil rights law, as amended by section 1 of
 subpart A of part MM of chapter 58 of the laws of 2024,  is  amended  to
 read as follows:
   §  50.  Right of privacy. A person, firm or corporation that COLLECTS,
 STORES, AND/OR uses for THE PURPOSE OF advertising [purposes, or for the
 purposes of], trade, DATA-MINING, OR GENERATING COMMERCIAL  OR  ECONOMIC
 VALUE, the name, portrait, picture, VIDEO, likeness, [or] voice, AND ALL
 OTHER  PERSONAL  DATA,  BIOMETRIC  DATA, AND LOCATION DATA of any living
 person without having first obtained the written consent of such person,
 or if a minor of such minor's parent or guardian, OR, IF SUCH CONSENT IS
 OBTAINED, SUBSEQUENTLY FAILS TO EXERCISE REASONABLE CARE CONSISTENT WITH
 ITS OBLIGATIONS AS BAILEE OF  THAT  PERSON'S  NAME,  PORTRAIT,  PICTURE,
 VIDEO, LIKENESS, VOICE, AND ALL OTHER PERSONAL DATA, BIOMETRIC DATA, AND
 LOCATION DATA, is guilty of a misdemeanor.
   §  3.  Section  51 of the civil rights law, as amended by section 2 of
 subpart A of part MM of chapter 58 of the laws of 2024,  is  amended  to
 read as follows:
   §  51.  Action for injunction and for damages. Any person [whose name,
 portrait, picture, likeness or voice  is  used  within  this  state  for
 advertising  purposes  or  for the purposes of trade without the written
 consent], FIRM OR CORPORATION THAT COLLECTS, STORES, AND/OR USES FOR THE
 PURPOSE OF ADVERTISING, TRADE, DATA-MINING, OR GENERATING COMMERCIAL  OR
 ECONOMIC VALUE, NAME, PORTRAIT, PICTURE, VIDEO, VOICE, LIKENESS, AND ALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05969-01-5
              

 S. 5156                             2
 
 OTHER  PERSONAL  DATA,  BIOMETRIC  DATA, AND LOCATION DATA OF ANY LIVING
 PERSON WITHOUT HAVING FIRST OBTAINED THE WRITTEN CONSENT OF SUCH PERSON,
 OR IF A MINOR OF THEIR PARENT OR GUARDIAN,  OR,  WHEN  SUCH  CONSENT  IS
 OBTAINED, SUBSEQUENTLY FAILS TO EXERCISE REASONABLE CARE CONSISTENT WITH
 ITS  OBLIGATIONS AS BAILEE OF THAT INDIVIDUAL'S NAME, PORTRAIT, PICTURE,
 VIDEO, LIKENESS, VOICE, AND ALL OTHER PERSONAL DATA, BIOMETRIC DATA, AND
 LOCATION DATA first obtained as above provided may maintain an equitable
 action in the supreme court of this state against the  person,  firm  or
 corporation so using such person's name, portrait, picture, VIDEO, like-
 ness  [or],  voice,  AND  ALL  OTHER  PERSONAL DATA, BIOMETRIC DATA, AND
 LOCATION DATA to prevent and restrain the use thereof; and may also  sue
 and recover damages for any injuries sustained by reason of such use and
 if the defendant shall have knowingly used such person's name, portrait,
 picture, VIDEO, likeness [or], voice, AND ALL OTHER PERSONAL DATA, BIOM-
 ETRIC DATA, AND LOCATION DATA in such manner as is forbidden or declared
 to  be  unlawful  by  section  fifty  of  this article, the jury, in its
 discretion, may award exemplary damages. But nothing contained  in  this
 article  shall  be so construed as to prevent any person, firm or corpo-
 ration from selling or otherwise transferring  any  material  containing
 such  name,  portrait,  picture, likeness or voice in whatever medium to
 any user of such name, portrait, picture, VIDEO  likeness  [or],  voice,
 AND ALL OTHER PERSONAL DATA, BIOMETRIC DATA, AND LOCATION DATA or to any
 third  party  [for  sale]  or  transfer directly or indirectly to such a
 user, for use, PROVIDED THAT THE TRANSFERRING PARTY  UNDERTAKES  REASON-
 ABLE STEPS TO ENSURE THAT ANY SUCH USE IS CONSISTENT WITH THE SELLING OR
 TRANSFERRING  PARTY'S  OBLIGATIONS  AS BAILEE OF THAT INDIVIDUAL'S NAME,
 PORTRAIT, PICTURE, VIDEO, LIKENESS, VOICE,  AND ALL OTHER PERSONAL DATA,
 BIOMETRIC DATA, AND LOCATION DATA AND USE in a manner lawful under  this
 article;  nothing  contained in this article shall be so construed as to
 prevent any person, firm or corporation, practicing  the  profession  of
 photography,  from  exhibiting in or about their establishment specimens
 of the work of such establishment, unless the same is continued by  such
 person,  firm  or corporation after written notice objecting thereto has
 been given by the person portrayed; and nothing contained in this  arti-
 cle  shall be so construed as to prevent any person, firm or corporation
 from using the name, portrait, picture, VIDEO, likeness [or], voice, AND
 ALL OTHER PERSONAL DATA,  BIOMETRIC  DATA,  AND  LOCATION  DATA  of  any
 manufacturer  or dealer in connection with the goods, wares and merchan-
 dise manufactured, produced or dealt in by such manufacturer  or  dealer
 which  they  have sold or disposed of with such name, portrait, picture,
 VIDEO, likeness [or], voice, AND  ALL  OTHER  PERSONAL  DATA,  BIOMETRIC
 DATA,  AND LOCATION DATA used in connection therewith; or from using the
 name, portrait, picture, VIDEO  likeness  [or],  voice,  AND  ALL  OTHER
 PERSONAL DATA, BIOMETRIC DATA, AND LOCATION DATA of any author, composer
 or  artist  in  connection  with  their  literary,  musical  or artistic
 productions which  they  have  sold  or  disposed  of  with  such  name,
 portrait,  picture,  VIDEO, likeness [or], voice, AND ALL OTHER PERSONAL
 DATA, BIOMETRIC DATA, AND LOCATION DATA used  in  connection  therewith.
 Nothing  contained  in  this  section shall be construed to prohibit the
 copyright owner of a sound recording  from  disposing  of,  dealing  in,
 licensing  or selling that sound recording to any party, if the right to
 dispose of, deal in, license or  sell  such  sound  recording  has  been
 conferred by contract or other written document by such living person or
 the  holder  of  such right. Nothing contained in the foregoing sentence
 shall be deemed to abrogate or otherwise limit any  rights  or  remedies
 otherwise conferred by federal law or state law.
 S. 5156                             3
 
   §  4. The general business law is amended by adding a new article 32-A
 to read as follows:
                               ARTICLE 32-A
                            IT'S YOUR DATA ACT
 SECTION 676.   DEFINITIONS.
         676-A. TRANSPARENCY OF THE COLLECTION, USE, RETENTION, AND SHAR-
                  ING OF PERSONAL INFORMATION.
         676-B. FAIR COLLECTION AND USE OF PERSONAL INFORMATION.
         676-C. DELETION OF PERSONAL INFORMATION.
         676-D. ACCESS TO RETAINED PERSONAL INFORMATION.
         676-E. ACCESS TO DISCLOSURE OF PERSONAL INFORMATION.
         676-F. CONSENT  TO  ADDITIONAL COLLECTION OR SHARING OF PERSONAL
                  INFORMATION.
         676-G. NO DISCRIMINATION BY A BUSINESS AGAINST  A  CONSUMER  FOR
                  EXERCISE OF RIGHTS.
         676-H. REASONABLE SECURITY.
         676-I. BUSINESS IMPLEMENTATION OF DUTIES.
         676-J. EXCEPTIONS.
         676-K. CONSUMER'S PRIVATE RIGHT OF ACTION.
         676-L. AGENCY ENFORCEMENT ACTION.
         676-M. CONSTRUCTION.
         676-N. ATTORNEY GENERAL REGULATIONS.
         676-O. INTERMEDIATE TRANSACTIONS.
         676-P. NON-WAIVER.
         676-Q. SEVERABILITY.
   § 676. DEFINITIONS. 1. FOR THE PURPOSES OF THIS ARTICLE:
   (A) "AGGREGATE CONSUMER INFORMATION" MEANS INFORMATION THAT RELATES TO
 A  GROUP  OF  CONSUMERS,  FROM WHICH INDIVIDUAL CONSUMER IDENTITIES HAVE
 BEEN REMOVED, THAT IS NOT LINKED OR REASONABLY LINKABLE TO ANY  CONSUMER
 OR  HOUSEHOLD,  INCLUDING  VIA A DEVICE.  AGGREGATE CONSUMER INFORMATION
 DOES NOT MEAN ONE OR MORE INDIVIDUAL CONSUMER  RECORDS  THAT  HAVE  BEEN
 DE-IDENTIFIED.
   (B)  "BIOMETRIC  INFORMATION"  MEANS  AN  INDIVIDUAL'S  PHYSIOLOGICAL,
 BIOLOGICAL OR BEHAVIORAL CHARACTERISTICS OR AN ELECTRONIC REPRESENTATION
 OF SUCH, INCLUDING AN INDIVIDUAL'S DEOXYRIBONUCLEIC ACID (DNA), THAT CAN
 BE USED, SINGLY OR IN COMBINATION WITH EACH OTHER OR WITH OTHER  IDENTI-
 FYING  DATA,  TO  ESTABLISH INDIVIDUAL IDENTITY.   BIOMETRIC INFORMATION
 INCLUDES, BUT IS NOT LIMITED TO, IMAGERY OF THE  IRIS,  RETINA,  FINGER-
 PRINT, FACE, HAND, PALM, VEIN PATTERNS, AND VOICE RECORDINGS, FROM WHICH
 AN  IDENTIFIER  TEMPLATE, SUCH AS A FACEPRINT, A MINUTIAE TEMPLATE, OR A
 VOICEPRINT, CAN BE EXTRACTED, AND KEYSTROKE PATTERNS  OR  RHYTHMS,  GAIT
 PATTERNS  OR  RHYTHMS,  AND SLEEP, HEALTH, OR EXERCISE DATA THAT CONTAIN
 IDENTIFYING INFORMATION.
   (C) "BUSINESS" MEANS:
   (I) A SOLE PROPRIETORSHIP,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,
 CORPORATION,  ASSOCIATION,  OR  OTHER  LEGAL ENTITY THAT IS ORGANIZED OR
 OPERATED FOR THE PROFIT OR FINANCIAL  BENEFIT  OF  ITS  SHAREHOLDERS  OR
 OTHER  OWNERS,  THAT COLLECTS CONSUMERS' PERSONAL INFORMATION, OR ON THE
 BEHALF OF WHICH SUCH INFORMATION IS COLLECTED AND THAT ALONE, OR JOINTLY
 WITH OTHERS, DETERMINES THE PURPOSES AND  MEANS  OF  THE  PROCESSING  OF
 CONSUMERS'  PERSONAL INFORMATION, THAT DOES BUSINESS IN THE STATE OF NEW
 YORK, AND THAT SATISFIES ONE OR MORE OF THE FOLLOWING THRESHOLDS:
   (1) HAS ANNUAL GROSS REVENUES IN EXCESS OF FIFTY MILLION  DOLLARS,  AS
 ADJUSTED  PURSUANT  TO  PARAGRAPH  (F) OF SUBDIVISION ONE OF SECTION SIX
 HUNDRED SEVENTY-SIX-N OF THIS ARTICLE;
 S. 5156                             4

   (2) ALONE OR IN COMBINATION, ANNUALLY BUYS, RECEIVES FOR THE BUSINESS'
 COMMERCIAL PURPOSES, SELLS, OR DISCLOSES FOR COMMERCIAL PURPOSES,  ALONE
 OR  IN  COMBINATION,  THE PERSONAL INFORMATION OF FIFTY THOUSAND OR MORE
 CONSUMERS, HOUSEHOLDS, OR DEVICES; OR
   (3)  DERIVES FIFTY PERCENT OR MORE OF ITS ANNUAL REVENUES FROM SELLING
 CONSUMERS' PERSONAL INFORMATION; AND
   (II) ANY ENTITY THAT CONTROLS OR  IS  CONTROLLED  BY  A  BUSINESS,  AS
 DEFINED  IN  SUBPARAGRAPH  (I) OF THIS PARAGRAPH, AND THAT SHARES COMMON
 BRANDING WITH SUCH BUSINESS.
   (D) "CONTROL" OR "CONTROLLED" MEANS OWNERSHIP  OF,  OR  THE  POWER  TO
 VOTE,  MORE THAN FIFTY PERCENT OF THE OUTSTANDING SHARES OF ANY CLASS OF
 VOTING SECURITY OF A BUSINESS; CONTROL IN ANY MANNER OVER  THE  ELECTION
 OF  A  MAJORITY  OF  THE DIRECTORS, OR OF INDIVIDUALS EXERCISING SIMILAR
 FUNCTIONS; OR THE POWER TO EXERCISE A  CONTROLLING  INFLUENCE  OVER  THE
 MANAGEMENT OF A BUSINESS.
   (E) "COMMON BRANDING" MEANS A SHARED NAME, SERVICEMARK, OR TRADEMARK.
   (F)  "OPERATIONAL  PURPOSE" MEANS THE USE OF PERSONAL INFORMATION WHEN
 REASONABLY NECESSARY AND PROPORTIONATE TO ACHIEVE ONE OF  THE  FOLLOWING
 OPERATIONAL PURPOSES:
   (I)  AUDITING  RELATED  TO A CURRENT INTERACTION WITH THE CONSUMER AND
 CONCURRENT TRANSACTIONS, INCLUDING, BUT  NOT  LIMITED  TO,  COUNTING  AD
 IMPRESSIONS  TO UNIQUE VISITORS, VERIFYING POSITIONING AND QUALITY OF AD
 IMPRESSIONS, AND AUDITING COMPLIANCE WITH THIS PARAGRAPH AND OTHER STAN-
 DARDS;
   (II)  DETECTING  AND  RESPONDING  TO  SECURITY  INCIDENTS,  PROTECTING
 AGAINST MALICIOUS, DECEPTIVE, FRAUDULENT, OR ILLEGAL ACTIVITY, AND PROS-
 ECUTING THOSE RESPONSIBLE FOR THAT ACTIVITY;
   (III)  DEBUGGING  TO  IDENTIFY  AND REPAIR ERRORS THAT IMPAIR EXISTING
 INTENDED FUNCTIONALITY;
   (IV) SHORT-TERM, TRANSIENT USE, PROVIDED THE PERSONAL  INFORMATION  IS
 NOT  DISCLOSED TO ANOTHER THIRD PARTY AND IS NOT USED TO BUILD A PROFILE
 ABOUT A CONSUMER OR OTHERWISE ALTER AN INDIVIDUAL CONSUMER'S  EXPERIENCE
 OUTSIDE  THE  CURRENT  INTERACTION,  INCLUDING,  BUT NOT LIMITED TO, THE
 CONTEXTUAL CUSTOMIZATION OF ADS SHOWN AS PART OF THE SAME INTERACTION;
   (V) PERFORMING OR PROVIDING SERVICES ON  BEHALF  OF  THE  BUSINESS  OR
 SERVICE  PROVIDER,  INCLUDING MAINTAINING OR SERVICING ACCOUNTS, BILLING
 OR COLLECTING FOR REQUESTED PRODUCTS  OR  SERVICES,  PROVIDING  CUSTOMER
 SERVICE,  PROCESSING  OR  FULFILLING  ORDERS AND TRANSACTIONS, VERIFYING
 CUSTOMER INFORMATION, PROCESSING PAYMENTS, PROVIDING FINANCING,  PROVID-
 ING  ADVERTISING  OR MARKETING SERVICES, PROVIDING ANALYTIC SERVICES, OR
 PROVIDING SIMILAR SERVICES ON BEHALF OF THE BUSINESS OR SERVICE  PROVID-
 ER;
   (VI)  UNDERTAKING  INTERNAL RESEARCH FOR TECHNOLOGICAL DEVELOPMENT AND
 DEMONSTRATION;
   (VII) UNDERTAKING ACTIVITIES TO VERIFY  OR  MAINTAIN  THE  QUALITY  OR
 SAFETY  OF A SERVICE OR DEVICE THAT IS OWNED, MANUFACTURED, MANUFACTURED
 FOR, OR CONTROLLED BY THE BUSINESS, OR TO IMPROVE, UPGRADE,  OR  ENHANCE
 THE  SERVICE OR DEVICE THAT IS OWNED, MANUFACTURED, MANUFACTURED FOR, OR
 CONTROLLED BY THE BUSINESS;
   (VIII) CUSTOMIZATION OF CONTENT; OR
   (IX) CUSTOMIZATION OF ADVERTISING OR MARKETING.
   (G) "COLLECTS," "COLLECTED," OR "COLLECTION"  MEANS  BUYING,  RENTING,
 GATHERING,  OBTAINING,  RECEIVING, OR ACCESSING ANY PERSONAL INFORMATION
 PERTAINING TO A CONSUMER BY ANY MEANS. THIS SHALL INCLUDE, BUT SHALL NOT
 BE LIMITED TO, RECEIVING INFORMATION FROM THE CONSUMER, EITHER  ACTIVELY
 OR PASSIVELY, OR BY OBSERVING THE CONSUMER'S BEHAVIOR.
 S. 5156                             5
 
   (H)  "COMMERCIAL  PURPOSES"  MEANS TO ADVANCE A PERSON'S COMMERCIAL OR
 ECONOMIC INTERESTS, SUCH AS BY INDUCING ANOTHER  PERSON  TO  BUY,  RENT,
 LEASE, JOIN, SUBSCRIBE TO, PROVIDE, OR EXCHANGE PRODUCTS, GOODS, PROPER-
 TY,  INFORMATION,  OR  SERVICES,  OR  ENABLING OR EFFECTING, DIRECTLY OR
 INDIRECTLY,  A  COMMERCIAL  TRANSACTION.  COMMERCIAL  PURPOSES SHALL NOT
 INCLUDE ENGAGING IN SPEECH THAT STATE OR FEDERAL COURTS HAVE  RECOGNIZED
 AS NONCOMMERCIAL SPEECH, INCLUDING, BUT NOT LIMITED TO, POLITICAL SPEECH
 AND JOURNALISM.
   (I)  "CONSUMER"  MEANS A NATURAL PERSON WHO IS A RESIDENT OF THE STATE
 OF NEW YORK.
   (J) "DE-IDENTIFIED" MEANS INFORMATION THAT CANNOT REASONABLY IDENTIFY,
 RELATE TO, DESCRIBE, BE CAPABLE OF BEING ASSOCIATED WITH, OR BE  LINKED,
 DIRECTLY  OR INDIRECTLY, TO A PARTICULAR CONSUMER, PROVIDED THAT A BUSI-
 NESS THAT USES DE-IDENTIFIED INFORMATION:
   (I) TAKES REASONABLE MEASURES TO ENSURE THAT THE  DATA  IS  DE-IDENTI-
 FIED;
   (II)  PUBLICLY COMMITS TO MAINTAIN AND USE THE DATA IN A DE-IDENTIFIED
 FASHION AND NOT TO ATTEMPT TO RE-IDENTIFY THE DATA; AND
   (III) CONTRACTUALLY PROHIBITS DOWNSTREAM RECIPIENTS FROM ATTEMPTING TO
 RE-IDENTIFY THE DATA.
   (K) "DESIGNATED METHODS  FOR  SUBMITTING  REQUESTS"  MEANS  A  MAILING
 ADDRESS,  EMAIL  ADDRESS,  INTERNET WEB PAGE, INTERNET WEB PORTAL, TOLL-
 FREE TELEPHONE NUMBER, OR OTHER APPLICABLE CONTACT INFORMATION,  WHEREBY
 CONSUMERS  MAY SUBMIT A REQUEST UNDER THIS ARTICLE, AND ANY NEW, CONSUM-
 ER-FRIENDLY MEANS OF CONTACTING A BUSINESS, AS APPROVED BY THE  ATTORNEY
 GENERAL PURSUANT TO SECTION SIX HUNDRED SEVENTY-SIX-N OF THIS ARTICLE.
   (L)  "DEVICE"  MEANS ANY PHYSICAL OBJECT THAT IS CAPABLE OF CONNECTING
 TO THE INTERNET, DIRECTLY OR INDIRECTLY, OR TO ANOTHER DEVICE.
   (M) "HEALTH INSURANCE INFORMATION" MEANS A CONSUMER'S INSURANCE POLICY
 NUMBER OR SUBSCRIBER IDENTIFICATION NUMBER, ANY UNIQUE  IDENTIFIER  USED
 BY  A HEALTH INSURER TO IDENTIFY THE CONSUMER, OR ANY INFORMATION IN THE
 CONSUMER'S  APPLICATION  AND  CLAIMS  HISTORY,  INCLUDING  ANY   APPEALS
 RECORDS,  IF  THE  INFORMATION  IS  LINKED  OR  REASONABLY LINKABLE TO A
 CONSUMER OR HOUSEHOLD, INCLUDING VIA A DEVICE, BY A BUSINESS OR  SERVICE
 PROVIDER.
   (N)  "INFER" OR "INFERENCE" MEANS THE DERIVATION OF INFORMATION, DATA,
 ASSUMPTIONS, OR CONCLUSIONS FROM FACTS, EVIDENCE, OR ANOTHER  SOURCE  OF
 INFORMATION OR DATA.
   (O)  "PERSON"  MEANS AN INDIVIDUAL, PROPRIETORSHIP, FIRM, PARTNERSHIP,
 JOINT VENTURE, SYNDICATE, BUSINESS TRUST, COMPANY, CORPORATION,  LIMITED
 LIABILITY COMPANY, ASSOCIATION, COMMITTEE, AND ANY OTHER ORGANIZATION OR
 GROUP OF PERSONS ACTING IN CONCERT.
   (P)  "PERSONAL INFORMATION" MEANS INFORMATION THAT IDENTIFIES OR COULD
 REASONABLY BE LINKED, DIRECTLY OR INDIRECTLY, WITH A PARTICULAR  CONSUM-
 ER,  HOUSEHOLD,  OR  CONSUMER  DEVICE.    PERSONAL INFORMATION SHALL NOT
 INCLUDE PUBLICLY AVAILABLE INFORMATION, INFORMATION THAT  IS  DE-IDENTI-
 FIED, OR AGGREGATE CONSUMER INFORMATION.
   (Q)  "PUBLICLY  AVAILABLE"  MEANS  INFORMATION  THAT  IS LAWFULLY MADE
 AVAILABLE FROM FEDERAL, STATE, OR  LOCAL  GOVERNMENT  RECORDS.  PUBLICLY
 AVAILABLE  DOES  NOT  MEAN  INFORMATION  COLLECTED BY A BUSINESS ABOUT A
 CONSUMER WITHOUT THE CONSUMER'S KNOWLEDGE.
   (R) "SERVICE" OR "SERVICES" MEANS WORK, LABOR, AND SERVICES, INCLUDING
 SERVICES FURNISHED IN CONNECTION WITH THE PRODUCTION, SALE OR REPAIR  OF
 GOODS.
   (S)  "SERVICE PROVIDER" MEANS AN INDIVIDUAL SOLE PROPRIETORSHIP, PART-
 NERSHIP, LIMITED LIABILITY COMPANY, CORPORATION, ASSOCIATION,  OR  OTHER
 S. 5156                             6
 
 LEGAL  ENTITY  THAT IS ORGANIZED OR OPERATED FOR THE PROFIT OR FINANCIAL
 BENEFIT OF ITS SHAREHOLDERS OR OTHER OWNERS, THAT PROCESSES  INFORMATION
 ON  BEHALF  OF A BUSINESS AND TO WHICH SUCH BUSINESS DISCLOSES A CONSUM-
 ER'S PERSONAL INFORMATION FOR AN OPERATIONAL PURPOSE PURSUANT TO A WRIT-
 TEN  OR  ELECTRONIC  CONTRACT,  PROVIDED THAT THE CONTRACT PROHIBITS THE
 ENTITY RECEIVING THE INFORMATION FROM RETAINING,  USING,  OR  DISCLOSING
 THE  PERSONAL  INFORMATION  FOR  ANY PURPOSE OTHER THAN FOR THE SPECIFIC
 PURPOSE OF PERFORMING THE SERVICES SPECIFIED IN THE  CONTRACT  FOR  SUCH
 BUSINESS,  OR AS OTHERWISE PERMITTED BY THIS ARTICLE, INCLUDING A PROHI-
 BITION ON RETAINING, USING, OR DISCLOSING THE PERSONAL INFORMATION FOR A
 COMMERCIAL PURPOSE OTHER THAN PROVIDING THE SERVICES  SPECIFIED  IN  THE
 CONTRACT WITH SUCH BUSINESS.
   (T)  "VERIFIABLE  CONSUMER  REQUEST" MEANS A REQUEST THAT IS MADE BY A
 CONSUMER, BY A CONSUMER ON BEHALF OF THE CONSUMER'S MINOR CHILD, OR BY A
 NATURAL PERSON OR A PERSON  REGISTERED  WITH  THE  SECRETARY  OF  STATE,
 AUTHORIZED BY THE CONSUMER TO ACT ON THE CONSUMER'S BEHALF, AND THAT THE
 BUSINESS  CAN  REASONABLY  VERIFY.  A BUSINESS SHALL NOT BE OBLIGATED TO
 PROVIDE ANY PERSONAL INFORMATION TO A CONSUMER IF SUCH  BUSINESS  CANNOT
 VERIFY  THAT  THE CONSUMER MAKING THE REQUEST IS THE CONSUMER ABOUT WHOM
 SUCH BUSINESS HAS COLLECTED PERSONAL INFORMATION OR IS A PERSON  AUTHOR-
 IZED BY THE CONSUMER TO ACT ON SUCH CONSUMER'S BEHALF.
   (U)  "THIRD  PARTY"  MEANS A PERSON OR BUSINESS THAT IS NOT ANY OF THE
 FOLLOWING:
   (I) THE BUSINESS THAT COLLECTS  PERSONAL  INFORMATION  FROM  CONSUMERS
 UNDER THIS ARTICLE; OR
   (II)  A  PERSON  TO  WHOM THE BUSINESS DISCLOSES A CONSUMER'S PERSONAL
 INFORMATION FOR AN OPERATIONAL PURPOSE PURSUANT TO A  WRITTEN  CONTRACT,
 PROVIDED THAT THE CONTRACT:
   (1) PROHIBITS THE PERSON RECEIVING THE PERSONAL INFORMATION FROM:
   (A) SELLING THE PERSONAL INFORMATION;
   (B)  RETAINING,  USING, OR DISCLOSING THE PERSONAL INFORMATION FOR ANY
 PURPOSE OTHER THAN FOR THE SPECIFIC PURPOSE OF PERFORMING  THE  SERVICES
 SPECIFIED IN THE CONTRACT, INCLUDING RETAINING, USING, OR DISCLOSING THE
 PERSONAL  INFORMATION  FOR A COMMERCIAL PURPOSE OTHER THAN PROVIDING THE
 SERVICES SPECIFIED IN THE CONTRACT; AND
   (C) RETAINING, USING, OR DISCLOSING THE  INFORMATION  OUTSIDE  OF  THE
 DIRECT BUSINESS RELATIONSHIP BETWEEN THE PERSON AND THE BUSINESS; AND
   (2) INCLUDES A CERTIFICATION MADE BY THE PERSON RECEIVING THE PERSONAL
 INFORMATION  THAT  THE PERSON UNDERSTANDS THE RESTRICTIONS IN CLAUSE ONE
 OF THIS SUBPARAGRAPH AND WILL COMPLY WITH SUCH RESTRICTIONS.
   2. FOR REFERENCES TO A CATEGORY OR CATEGORIES OF PERSONAL  INFORMATION
 REQUIRED TO BE DISCLOSED PURSUANT TO THIS ARTICLE:
   (A)  "PROCESSING"  MEANS  ANY  OPERATION OR SET OF OPERATIONS THAT ARE
 PERFORMED ON PERSONAL DATA OR ON SETS OF PERSONAL DATA, WHETHER  OR  NOT
 BY AUTOMATED MEANS.
   (B)  "RESEARCH" MEANS SCIENTIFIC AND SYSTEMATIC STUDY AND OBSERVATION,
 INCLUDING BASIC RESEARCH OR APPLIED  RESEARCH  THAT  IS  IN  THE  PUBLIC
 INTEREST  AND  THAT  ADHERES  TO ALL OTHER APPLICABLE ETHICS AND PRIVACY
 LAWS OR STUDIES CONDUCTED IN THE PUBLIC INTEREST IN THE AREA  OF  PUBLIC
 HEALTH.  RESEARCH WITH PERSONAL INFORMATION THAT MAY HAVE BEEN COLLECTED
 FROM A CONSUMER IN THE COURSE OF  THE  CONSUMER'S  INTERACTIONS  WITH  A
 BUSINESS' SERVICE OR DEVICE FOR OTHER PURPOSES SHALL BE:
   (I)  COMPATIBLE  WITH  AN  OPERATIONAL  PURPOSE FOR WHICH THE PERSONAL
 INFORMATION WAS COLLECTED;
   (II) SUBSEQUENTLY DE-IDENTIFIED, OR IN THE AGGREGATE,  SUCH  THAT  THE
 INFORMATION  CANNOT REASONABLY IDENTIFY, RELATE TO, DESCRIBE, BE CAPABLE
 S. 5156                             7
 
 OF BEING ASSOCIATED WITH, OR BE LINKED, DIRECTLY  OR  INDIRECTLY,  TO  A
 PARTICULAR CONSUMER;
   (III)  MADE  SUBJECT TO TECHNICAL SAFEGUARDS TO PREVENT RE-IDENTIFICA-
 TION OF THE CONSUMER TO WHOM THE INFORMATION MAY PERTAIN;
   (IV) SUBJECT TO BUSINESS PROCESSES THAT SPECIFICALLY PROHIBIT RE-IDEN-
 TIFICATION OF THE INFORMATION;
   (V) MADE SUBJECT TO BUSINESS PROCESSES TO PREVENT INADVERTENT  RELEASE
 OF DE-IDENTIFIED INFORMATION;
   (VI) PROTECTED FROM ANY RE-IDENTIFICATION ATTEMPTS;
   (VII)  USED  SOLELY FOR RESEARCH PURPOSES THAT ARE COMPATIBLE WITH THE
 CONTEXT IN WHICH THE PERSONAL INFORMATION WAS COLLECTED;
   (VIII) NOT BE USED FOR ANY COMMERCIAL PURPOSE; AND
   (IX) SUBJECTED BY THE BUSINESS CONDUCTING THE RESEARCH  TO  ADDITIONAL
 SECURITY  CONTROLS  THAT LIMIT ACCESS TO THE RESEARCH DATA TO ONLY THOSE
 INDIVIDUALS IN A BUSINESS AS ARE NECESSARY TO  CARRY  OUT  THE  RESEARCH
 PURPOSE.
   (C)  (I) "SELL," "SELLING," "SALE," OR "SOLD," MEANS SELLING, RENTING,
 RELEASING, DISCLOSING, DISSEMINATING, MAKING AVAILABLE, TRANSFERRING, OR
 OTHERWISE COMMUNICATING ORALLY, IN WRITING, OR BY  ELECTRONIC  OR  OTHER
 MEANS,  A  CONSUMER'S  PERSONAL  INFORMATION  BY THE BUSINESS TO ANOTHER
 BUSINESS OR A THIRD PARTY FOR MONETARY OR OTHER VALUABLE CONSIDERATION.
   (II) FOR PURPOSES OF THIS ARTICLE, A BUSINESS DOES NOT  SELL  PERSONAL
 INFORMATION WHEN:
   (1)  A CONSUMER USES OR DIRECTS THE BUSINESS TO INTENTIONALLY DISCLOSE
 PERSONAL INFORMATION OR USES THE BUSINESS TO INTENTIONALLY INTERACT WITH
 A THIRD PARTY, PROVIDED SUCH THIRD PARTY DOES NOT ALSO SELL THE PERSONAL
 INFORMATION,  UNLESS  SUCH  DISCLOSURE  WOULD  BE  CONSISTENT  WITH  THE
 PROVISIONS  OF  THIS ARTICLE. AN INTENTIONAL INTERACTION OCCURS WHEN THE
 CONSUMER INTENDS TO INTERACT WITH THE  THIRD  PARTY,  VIA  ONE  OR  MORE
 DELIBERATE  INTERACTIONS.   HOVERING OVER, MUTING, PAUSING, OR CLOSING A
 GIVEN PIECE OF CONTENT SHALL  NOT  CONSTITUTE  A  CONSUMER'S  INTENT  TO
 INTERACT WITH A THIRD PARTY;
   (2)  THE  BUSINESS  USES OR DISCLOSES AN IDENTIFIER FOR A CONSUMER WHO
 HAS OPTED OUT OF THE SALE OF THE CONSUMER'S PERSONAL INFORMATION FOR THE
 PURPOSES OF ALERTING THIRD PARTIES THAT THE CONSUMER HAS  OPTED  OUT  OF
 THE SALE OF THE CONSUMER'S PERSONAL INFORMATION;
   (3)  THE BUSINESS USES OR DISCLOSES PERSONAL INFORMATION OF A CONSUMER
 WITH A SERVICE PROVIDER THAT IS  NECESSARY  TO  PERFORM  AN  OPERATIONAL
 PURPOSE AND THE BUSINESS HAS PROVIDED NOTICE THAT INFORMATION BEING USED
 OR  DISCLOSED  IN  ITS  TERMS AND CONDITIONS CONSISTENT WITH SECTION SIX
 HUNDRED SEVENTY-SIX-I OF THIS ARTICLE; OR
   (4) THE BUSINESS TRANSFERS TO A THIRD PARTY THE  PERSONAL  INFORMATION
 OF  A  CONSUMER AS AN ASSET THAT IS PART OF A MERGER, ACQUISITION, BANK-
 RUPTCY, OR OTHER TRANSACTION IN WHICH THE THIRD PARTY ASSUMES CONTROL OF
 ALL OR PART OF THE  BUSINESS,  PROVIDED  THAT  INFORMATION  IS  USED  OR
 DISCLOSED  CONSISTENTLY  WITH  THIS ARTICLE. A THIRD PARTY MAY NOT MATE-
 RIALLY ALTER HOW IT USES OR DISCLOSES  THE  PERSONAL  INFORMATION  OF  A
 CONSUMER  IN  A MANNER THAT IS MATERIALLY INCONSISTENT WITH THE PROMISES
 MADE AT THE TIME OF COLLECTION, UNLESS IT FIRST OBTAINS OPT-IN  CONSENT,
 AS SET FORTH IN THIS ARTICLE.
   §  676-A.  TRANSPARENCY OF THE COLLECTION, USE, RETENTION, AND SHARING
 OF  PERSONAL  INFORMATION.  ANY  BUSINESS  THAT  COLLECTS  A  CONSUMER'S
 PERSONAL  INFORMATION  SHALL  DISCLOSE  THE FOLLOWING INFORMATION IN ITS
 ONLINE PRIVACY POLICY OR POLICIES, IF THE BUSINESS HAS AN ONLINE PRIVACY
 POLICY, AND UPDATE SUCH INFORMATION AT LEAST ONCE EVERY TWELVE MONTHS:
 S. 5156                             8
 
   1. A DESCRIPTION OF A  CONSUMER'S  RIGHTS  PURSUANT  TO  SECTIONS  SIX
 HUNDRED  SEVENTY-SIX-B,  SIX HUNDRED SEVENTY-SIX-D, SIX HUNDRED SEVENTY-
 SIX-E, SIX HUNDRED SEVENTY-SIX-F AND SIX HUNDRED SEVENTY-SIX-G  OF  THIS
 ARTICLE  AND  ONE  OR  MORE  DESIGNATED  METHODS FOR SUBMITTING REQUESTS
 PURSUANT   TO   SECTIONS   SIX   HUNDRED   SEVENTY-SIX-C,   SIX  HUNDRED
 SEVENTY-SIX-D, AND SIX HUNDRED SEVENTY-SIX-E OF THIS ARTICLE;
   2. A DESCRIPTION OF THE PERSONAL INFORMATION  SUCH  BUSINESS  COLLECTS
 ABOUT CONSUMERS;
   3.  THE  CATEGORIES  OF SOURCES FROM WHICH THE PERSONAL INFORMATION IS
 COLLECTED;
   4. A DESCRIPTION OF THE METHODS SUCH BUSINESS USES TO COLLECT PERSONAL
 INFORMATION;
   5. THE SPECIFIC PURPOSES  FOR  COLLECTING,  DISCLOSING,  OR  RETAINING
 PERSONAL INFORMATION;
   6.  A  DESCRIPTION  OF  THE  PERSONAL  INFORMATION  IT DISCLOSES ABOUT
 CONSUMERS, OR IF THE BUSINESS  DOES  NOT  DISCLOSE  CONSUMERS'  PERSONAL
 INFORMATION, THE BUSINESS SHALL DISCLOSE SUCH FACT;
   7.  THE  CATEGORIES  OF  THIRD  PARTIES WITH WHOM SUCH BUSINESS SHARES
 PERSONAL INFORMATION WITH, OR IF THE BUSINESS DOES NOT DISCLOSE  CONSUM-
 ERS'  PERSONAL INFORMATION TO THIRD PARTIES, THE BUSINESS SHALL DISCLOSE
 SUCH FACT;
   8. THE CATEGORIES OF SERVICE PROVIDERS WITH WHOM SUCH BUSINESS  SHARES
 PERSONAL  INFORMATION WITH, OR IF THE BUSINESS DOES NOT DISCLOSE CONSUM-
 ERS' PERSONAL INFORMATION  TO  SERVICE  PROVIDERS,  THE  BUSINESS  SHALL
 DISCLOSE SUCH FACT;
   9.  A DESCRIPTION OF THE LENGTH OF TIME FOR WHICH PERSONAL INFORMATION
 IS RETAINED; AND
   10. IF PERSONAL DATA IS  DE-IDENTIFIED  SUCH  THAT  IT  IS  NO  LONGER
 CONSIDERED  PERSONAL  INFORMATION  BUT  SUBSEQUENTLY  RETAINED, USED, OR
 SHARED BY THE BUSINESS, A DESCRIPTION OF THE METHOD OR METHODS OF  DE-I-
 DENTIFICATION.
   §  676-B.  FAIR COLLECTION AND USE OF PERSONAL INFORMATION. 1. SUBJECT
 TO SECTION SIX HUNDRED SEVENTY-SIX-F OF THIS  ARTICLE  A  BUSINESS  THAT
 COLLECTS  A  CONSUMER'S  PERSONAL INFORMATION SHALL LIMIT ITS COLLECTION
 AND SHARING OF PERSONAL  INFORMATION  WITH  THIRD  PARTIES  TO  WHAT  IS
 REASONABLY  NECESSARY TO PROVIDE A SERVICE OR CONDUCT AN ACTIVITY THAT A
 CONSUMER HAS REQUESTED OR IS REASONABLY NECESSARY FOR SECURITY OR  FRAUD
 PREVENTION, AND SHALL REQUIRE ANY SUCH THIRD PARTY TO EXERCISE CARE OVER
 THE  CONSUMER'S  PERSONAL INFORMATION CONSISTENT WITH THE ORIGINAL BUSI-
 NESS'S OBLIGATIONS AS BAILEE OF SUCH INFORMATION.
   2. SUBJECT TO SECTION SIX HUNDRED SEVENTY-SIX-F  OF  THIS  ARTICLE,  A
 BUSINESS  THAT COLLECTS A CONSUMER'S PERSONAL INFORMATION SHALL BE OBLI-
 GATED TO EXERCISE REASONABLE CARE WITH RESPECT TO THE COLLECTION,  STOR-
 AGE,  AND  USE OF THAT INFORMATION, CONSISTENT WITH ITS OBLIGATIONS AS A
 BAILEE, AND SHALL LIMIT ITS USE AND RETENTION OF PERSONAL INFORMATION TO
 WHAT IS REASONABLY NECESSARY TO PROVIDE A SERVICE OR CONDUCT AN ACTIVITY
 THAT A CONSUMER HAS REQUESTED OR A RELATED OPERATIONAL PURPOSE, PROVIDED
 HOWEVER THAT DATA COLLECTED OR RETAINED SOLELY  FOR  SECURITY  OR  FRAUD
 PREVENTION MAY NOT BE USED FOR RELATED OPERATIONAL PURPOSES.
   §  676-C.  DELETION  OF PERSONAL INFORMATION. 1. A CONSUMER SHALL HAVE
 THE RIGHT TO REQUEST THAT A BUSINESS  DELETE  ANY  PERSONAL  INFORMATION
 ABOUT SUCH CONSUMER WHICH THE BUSINESS HAS COLLECTED FROM THE CONSUMER.
   2. A BUSINESS THAT COLLECTS PERSONAL INFORMATION ABOUT CONSUMERS SHALL
 DISCLOSE,  PURSUANT  TO  THE  NOTICE REQUIREMENTS OF SECTION SIX HUNDRED
 SEVENTY-SIX-I OF THIS ARTICLE, THE  CONSUMER'S  RIGHTS  TO  REQUEST  THE
 DELETION OF THE CONSUMER'S PERSONAL INFORMATION.
 S. 5156                             9
 
   3.  A  BUSINESS  THAT  RECEIVES  A  VERIFIABLE CONSUMER REQUEST FROM A
 CONSUMER TO DELETE  THE  CONSUMER'S  PERSONAL  INFORMATION  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS  SECTION SHALL DELETE THE CONSUMER'S PERSONAL
 INFORMATION FROM ITS RECORDS AND DIRECT ANY SERVICE PROVIDERS TO  DELETE
 THE CONSUMER'S PERSONAL INFORMATION FROM THEIR RECORDS.
   4.  A  BUSINESS  OR A SERVICE PROVIDER SHALL NOT BE REQUIRED TO COMPLY
 WITH A CONSUMER'S REQUEST TO DELETE THE CONSUMER'S PERSONAL  INFORMATION
 IF:
   (A)  SUCH  RETENTION OF PERSONAL INFORMATION IS REASONABLY ANTICIPATED
 WITHIN THE CONTEXT OF A BUSINESS'S ONGOING  BUSINESS  RELATIONSHIP  WITH
 THE CONSUMER; OR
   (B)  IT  IS NECESSARY FOR THE BUSINESS OR SERVICE PROVIDER TO MAINTAIN
 THE CONSUMER'S PERSONAL INFORMATION IN ORDER TO:
   (I) COMPLETE THE TRANSACTION FOR WHICH THE  PERSONAL  INFORMATION  WAS
 COLLECTED,  PROVIDE  A  GOOD  OR  SERVICE  REQUESTED BY THE CONSUMER, OR
 OTHERWISE PERFORM A CONTRACT BETWEEN THE BUSINESS AND THE CONSUMER;
   (II) DETECT OR RESPOND TO SECURITY INCIDENTS,  PROTECT  AGAINST  MALI-
 CIOUS,  DECEPTIVE,  FRAUDULENT,  OR ILLEGAL ACTIVITY, OR PROSECUTE THOSE
 RESPONSIBLE FOR THAT ACTIVITY;
   (III) DEBUG  TO  IDENTIFY  AND  REPAIR  ERRORS  THAT  IMPAIR  EXISTING
 INTENDED FUNCTIONALITY;
   (IV)  EXERCISE  FREE  SPEECH,  ENSURE THE RIGHT OF ANOTHER CONSUMER TO
 EXERCISE THEIR RIGHT OF FREE SPEECH;
   (V) ENGAGE IN  PUBLIC  OR  PEER-REVIEWED  SCIENTIFIC,  HISTORICAL,  OR
 STATISTICAL  RESEARCH  IN  THE PUBLIC INTEREST THAT ADHERES TO ALL OTHER
 APPLICABLE ETHICS AND PRIVACY LAWS, WHEN THE BUSINESSES' DELETION OF THE
 INFORMATION IS LIKELY TO  RENDER  IMPOSSIBLE  OR  SERIOUSLY  IMPAIR  THE
 ACHIEVEMENT  OF  SUCH  RESEARCH,  IF  THE CONSUMER HAS PROVIDED INFORMED
 CONSENT; OR
   (VI) COMPLY WITH A LEGAL OBLIGATION.
   § 676-D. ACCESS TO RETAINED PERSONAL INFORMATION.  1.  IF  A  BUSINESS
 COLLECTS  PERSONAL INFORMATION ABOUT A CONSUMER, THE CONSUMER SHALL HAVE
 THE RIGHT TO ASK THE BUSINESS FOR THE  FOLLOWING  INFORMATION,  AND  THE
 BUSINESS SHALL HAVE THE DUTY TO PROVIDE IT, PROMPTLY AND FREE OF CHARGE,
 UPON RECEIPT OF A VERIFIABLE REQUEST:
   (A)  THE  SPECIFIC  PIECES  OF  PERSONAL INFORMATION THAT THE BUSINESS
 RETAINS ABOUT THAT CONSUMER;
   (B) THE  SPECIFIC  SOURCES  FROM  WHICH  THE  BUSINESS  COLLECTED  THE
 PERSONAL INFORMATION; AND
   (C) ITS PURPOSE FOR COLLECTING THE PERSONAL INFORMATION.
   2.  WHEN  A  BUSINESS  RECEIVES  A  VERIFIABLE CONSUMER REQUEST FROM A
 CONSUMER FOR THE SPECIFIC PIECES OF  THEIR  PERSONAL  INFORMATION,  SUCH
 BUSINESS  SHALL  DISCLOSE  SUCH  INFORMATION IN AN ELECTRONIC, PORTABLE,
 MACHINE-READABLE, AND READILY-USEABLE FORMAT OR FORMATS THAT  ALLOW  THE
 CONSUMER TO UNDERSTAND SUCH INFORMATION AND TO TRANSMIT SUCH INFORMATION
 TO ANOTHER ENTITY WITHOUT HINDRANCE.
   §  676-E.  ACCESS TO DISCLOSURE OF PERSONAL INFORMATION. IF A BUSINESS
 DISCLOSES PERSONAL INFORMATION ABOUT A CONSUMER TO A  THIRD  PARTY,  THE
 CONSUMER  SHALL HAVE THE RIGHT TO REQUEST THE FOLLOWING INFORMATION FROM
 THE BUSINESS, AND SUCH BUSINESS SHALL  HAVE  THE  DUTY  TO  PROVIDE  IT,
 PROMPTLY AND FREE OF CHARGE, UPON RECEIPT OF A VERIFIABLE REQUEST:
   1.  THE CATEGORIES OF PERSONAL INFORMATION THAT THE BUSINESS DISCLOSED
 ABOUT THE CONSUMER, AND THE CATEGORIES OF  THIRD  PARTIES  TO  WHOM  THE
 PERSONAL  INFORMATION WAS DISCLOSED, BY CATEGORY OF PERSONAL INFORMATION
 FOR EACH CATEGORY OF THIRD PARTY; AND
 S. 5156                            10
 
   2. THE SPECIFIC THIRD PARTIES TO WHOM  THE  PERSONAL  INFORMATION  WAS
 DISCLOSED.
   §  676-F.  CONSENT  TO  ADDITIONAL  COLLECTION  OR SHARING OF PERSONAL
 INFORMATION. 1. OTHER THAN AS DESCRIBED IN SECTION SIX HUNDRED  SEVENTY-
 SIX-B  OF  THIS ARTICLE, A BUSINESS SHALL NOT COLLECT OR SHARE A CONSUM-
 ER'S PERSONAL INFORMATION UNLESS THE CONSUMER HAS AFFIRMATIVELY  AUTHOR-
 IZED  THE  COLLECTION  OR  DISCLOSURE.  THIS RIGHT TO COLLECT OR SHARE A
 CONSUMER'S PERSONAL INFORMATION MAY BE  REFERRED  TO  AS  THE  RIGHT  TO
 "OPT-IN CONSENT".
   2.  ANY  PERSONAL  INFORMATION  OF A CONSUMER COLLECTED OR SHARED BY A
 BUSINESS UPON THE AFFIRMATIVE AUTHORIZATION OF THE CONSUMER SHALL REMAIN
 THE PROPERTY OF SUCH CONSUMER, AND THE BUSINESS  SHALL  BE  REQUIRED  TO
 EXERCISE  REASONABLE  CARE  IN  THE COLLECTION AND SHARING OF SUCH DATA,
 CONSISTENT WITH ITS OBLIGATIONS TOWARDS THE CONSUMER AS BAILEE OF  THEIR
 PERSONAL INFORMATION.
   3.  A  BUSINESS  SHALL REQUEST A USER'S OPT-IN CONSENT SEPARATELY FROM
 ANY OTHER PERMISSION OR CONSENT, WITH THE OPTION TO DECLINE  CONSENT  AT
 LEAST AS PROMINENT AS THE OPTION TO PROVIDE CONSENT.
   4.  IF  A  CONSUMER  DECLINES  TO  PROVIDE THEIR OPT-IN CONSENT TO THE
 DISCLOSURE OF THEIR PERSONAL INFORMATION, A BUSINESS SHALL  REFRAIN  FOR
 AT LEAST TWELVE MONTHS BEFORE AGAIN REQUESTING THAT THE CONSUMER PROVIDE
 THEIR OPT-IN CONSENT TO THE DISCLOSURE OF THEIR PERSONAL INFORMATION.
   5.  A BUSINESS MAY MAKE AVAILABLE A SETTING OR OTHER USER CONTROL THAT
 THE CONSUMER MAY AFFIRMATIVELY ACCESS IN ORDER TO CONSENT TO  ADDITIONAL
 DATA COLLECTION OR SHARING.
   6.  A  BUSINESS THAT OBTAINS A CONSUMER'S OPT-IN CONSENT TO COLLECT OR
 DISCLOSE THEIR PERSONAL  INFORMATION  PURSUANT  TO  THIS  SECTION  SHALL
 PROVIDE CONSUMERS THE ABILITY TO WITHDRAW SUCH CONSENT THROUGH A READILY
 USABLE AND AUTOMATED MEANS AT ANY TIME.
   §  676-G. NO DISCRIMINATION BY A BUSINESS AGAINST A CONSUMER FOR EXER-
 CISE OF RIGHTS. A BUSINESS SHALL NOT  DISCRIMINATE  AGAINST  A  CONSUMER
 BECAUSE  THE  CONSUMER EXERCISED ANY OF THE CONSUMER'S RIGHTS UNDER THIS
 ARTICLE OR DOES NOT PROVIDE CONSENT TO  ADDITIONAL  DATA  COLLECTION  OR
 SHARING  UNDER SECTION SIX HUNDRED SEVENTY-SIX-F OF THIS ARTICLE INCLUD-
 ING, BUT NOT LIMITED TO, BY:
   1. DENYING GOODS OR SERVICES TO THE CONSUMER;
   2. CHARGING DIFFERENT PRICES OR RATES FOR GOODS OR SERVICES, INCLUDING
 THROUGH THE USE OF DISCOUNTS OR OTHER BENEFITS OR IMPOSING PENALTIES;
   3. PROVIDING A DIFFERENT LEVEL OR QUALITY OF GOODS OR SERVICES TO  THE
 CONSUMER; OR
   4. SUGGESTING THAT THE CONSUMER WILL RECEIVE A DIFFERENT PRICE OR RATE
 FOR  GOODS  OR  SERVICES  OR  A  DIFFERENT  LEVEL OR QUALITY OF GOODS OR
 SERVICES.
   § 676-H. REASONABLE SECURITY. 1. A BUSINESS OR SERVICE PROVIDER  SHALL
 IMPLEMENT  AND  MAINTAIN  REASONABLE  SECURITY PROCEDURES AND PRACTICES,
 INCLUDING ADMINISTRATIVE, PHYSICAL, AND TECHNICAL SAFEGUARDS,  APPROPRI-
 ATE  TO  THE  NATURE  OF  THE INFORMATION AND THE PURPOSES FOR WHICH THE
 PERSONAL INFORMATION WILL BE USED, TO PROTECT CONSUMERS' PERSONAL INFOR-
 MATION  FROM  UNAUTHORIZED  USE,  DISCLOSURE,  ACCESS,  DESTRUCTION,  OR
 MODIFICATION.
   2. A BUSINESS OR SERVICE PROVIDER MAY EMPLOY ANY LAWFUL SECURITY MEAS-
 URES  THAT  ALLOW  IT  TO COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS
 SECTION.
   § 676-I. BUSINESS IMPLEMENTATION OF DUTIES. 1. A BUSINESS SHALL:
   (A) MAKE AVAILABLE TO CONSUMERS TWO OR  MORE  DESIGNATED  METHODS  FOR
 SUBMITTING  REQUESTS PURSUANT TO SECTIONS SIX HUNDRED SEVENTY-SIX-C, SIX
 S. 5156                            11
 
 HUNDRED SEVENTY-SIX-D, AND SIX HUNDRED SEVENTY-SIX-E  OF  THIS  ARTICLE,
 INCLUDING,  AT A MINIMUM, A TELEPHONE NUMBER, AND, IF THE BUSINESS MAIN-
 TAINS AN INTERNET WEB SITE, A WEB SITE ADDRESS;
   (B)  DISCLOSE  AND DELIVER THE REQUIRED INFORMATION TO A CONSUMER FREE
 OF CHARGE WITHIN FORTY-FIVE DAYS  OF  RECEIVING  A  VERIFIABLE  CONSUMER
 REQUEST. A BUSINESS SHALL TAKE STEPS TO DETERMINE WHETHER THE REQUEST IS
 A  VERIFIABLE  CONSUMER  REQUEST  FROM THE IDENTIFIED CONSUMER. THE TIME
 PERIOD MAY BE EXTENDED ONCE BY FORTY-FIVE DAYS  WHEN  REASONABLY  NECES-
 SARY,  PROVIDED  THE CONSUMER IS PROVIDED NOTICE OF THE EXTENSION WITHIN
 THE FIRST FORTY-FIVE DAY PERIOD. THE DISCLOSURE SHALL COVER  THE  TWELVE
 MONTH  PERIOD  PRECEDING  THE REQUEST. IT SHALL BE DELIVERED THROUGH THE
 CONSUMER'S ACCOUNT WITH THE  BUSINESS,  IF  THE  CONSUMER  MAINTAINS  AN
 ACCOUNT  WITH  THE BUSINESS, OR BY MAIL OR ELECTRONICALLY AT THE CONSUM-
 ER'S OPTION, IF THE CONSUMER DOES NOT MAINTAIN AN ACCOUNT WITH THE BUSI-
 NESS. THE BUSINESS SHALL NOT REQUIRE THE CONSUMER TO CREATE  AN  ACCOUNT
 WITH THE BUSINESS IN ORDER TO MAKE A VERIFIABLE REQUEST;
   (C)  ENSURE  THAT  ALL  INDIVIDUALS  RESPONSIBLE FOR HANDLING CONSUMER
 INQUIRIES ABOUT THE  BUSINESS'S  PRIVACY  PRACTICES  OR  THE  BUSINESS'S
 COMPLIANCE  WITH  THIS  ARTICLE ARE INFORMED OF ALL REQUIREMENTS IN THIS
 ARTICLE, AND HOW TO DIRECT CONSUMERS TO EXERCISE THEIR  RIGHTS  IN  THIS
 ARTICLE; AND
   (D)  LIMIT  THE  USE  OF  ANY  PERSONAL INFORMATION COLLECTED FROM THE
 CONSUMER IN CONNECTION WITH A BUSINESS'S VERIFICATION OF THE  CONSUMER'S
 REQUEST SOLELY FOR THE PURPOSES OF VERIFICATION.
   2.  A  BUSINESS  SHALL  NOT  BE  OBLIGATED  TO PROVIDE THE INFORMATION
 REQUIRED BY SECTIONS SIX HUNDRED SEVENTY-SIX-D AND SIX HUNDRED  SEVENTY-
 SIX-E  OF  THIS ARTICLE TO THE SAME CONSUMER MORE THAN TWICE IN A TWELVE
 MONTH PERIOD.
   § 676-J. EXCEPTIONS. 1. THE OBLIGATIONS IMPOSED ON BUSINESSES BY  THIS
 ARTICLE  SHALL  NOT  RESTRICT A BUSINESS'S OR SERVICE PROVIDER'S ABILITY
 TO:
   (A) COMPLY WITH FEDERAL, STATE, OR LOCAL LAWS;
   (B) COMPLY WITH A CIVIL, CRIMINAL,  OR  REGULATORY  INQUIRY,  INVESTI-
 GATION, SUBPOENA, OR SUMMONS BY FEDERAL, STATE, OR LOCAL AUTHORITIES;
   (C)  COOPERATE  WITH  LAW  ENFORCEMENT  AGENCIES CONCERNING CONDUCT OR
 ACTIVITY THAT THE BUSINESS, SERVICE PROVIDER, OR THIRD PARTY  REASONABLY
 AND IN GOOD FAITH BELIEVES MAY VIOLATE FEDERAL, STATE, OR LOCAL LAW;
   (D) EXERCISE OR DEFEND LEGAL CLAIMS;
   (E)  COLLECT, USE, RETAIN, SELL, OR DISCLOSE CONSUMER INFORMATION THAT
 IS DE-IDENTIFIED OR IN THE AGGREGATE; OR
   (F) COLLECT OR SELL A CONSUMER'S PERSONAL INFORMATION IF EVERY  ASPECT
 OF  THAT COMMERCIAL CONDUCT TAKES PLACE WHOLLY OUTSIDE OF THE STATE. FOR
 PURPOSES OF THIS SECTION, COMMERCIAL CONDUCT TAKES PLACE WHOLLY  OUTSIDE
 OF  THE  STATE  IF THE BUSINESS COLLECTED INFORMATION WHILE THE CONSUMER
 WAS OUTSIDE OF THE STATE, NO PART OF THE SALE OF THE CONSUMER'S PERSONAL
 INFORMATION OCCURRED IN THE STATE, AND NO PERSONAL INFORMATION COLLECTED
 WHILE THE CONSUMER WAS IN THE STATE IS SOLD. THIS  PARAGRAPH  SHALL  NOT
 PERMIT A BUSINESS FROM STORING, INCLUDING ON A DEVICE, PERSONAL INFORMA-
 TION  ABOUT  A  CONSUMER  WHEN  SUCH  CONSUMER  IS IN THE STATE AND THEN
 COLLECTING SUCH PERSONAL  INFORMATION  WHEN  SUCH  CONSUMER  AND  STORED
 PERSONAL INFORMATION IS OUTSIDE OF THE STATE.
   2.  NOTHING  IN  THIS  ARTICLE  SHALL REQUIRE A BUSINESS TO VIOLATE AN
 EVIDENTIARY PRIVILEGE UNDER STATE OR FEDERAL LAW OR PREVENT  A  BUSINESS
 FROM  PROVIDING THE PERSONAL INFORMATION OF A CONSUMER WHO IS COVERED BY
 AN EVIDENTIARY PRIVILEGE UNDER STATE OR FEDERAL LAW AS PART OF A  PRIVI-
 LEGED COMMUNICATION.
 S. 5156                            12
 
   3. THIS ARTICLE SHALL NOT APPLY TO ANY OF THE FOLLOWING:
   (A) MEDICAL INFORMATION GOVERNED BY PART 2.6 OF THE CONFIDENTIALITY OF
 MEDICAL   INFORMATION  ACT  OR  PROTECTED  HEALTH  INFORMATION  THAT  IS
 COLLECTED BY A COVERED ENTITY OR  BUSINESS  ASSOCIATE  GOVERNED  BY  THE
 PRIVACY,  SECURITY,  AND BREACH NOTIFICATION RULES ISSUED OR ESTABLISHED
 BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, 45  C.F.R.
 PARTS  160  AND 164, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
 ACT OF 1996, OR THE HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLIN-
 ICAL HEALTH ACT;
   (B) A PROVIDER OF HEALTH CARE GOVERNED BY PART 2.6  OF  THE  CONFIDEN-
 TIALITY  OF  MEDICAL INFORMATION ACT OR A COVERED ENTITY GOVERNED BY THE
 PRIVACY, SECURITY, AND BREACH NOTIFICATION RULES ISSUED  OR  ESTABLISHED
 BY  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, 45 C.F.R.
 PARTS 160 AND 164, OR THE HEALTH INSURANCE PORTABILITY AND  ACCOUNTABIL-
 ITY  ACT OF 1996, TO THE EXTENT THE PROVIDER OR COVERED ENTITY MAINTAINS
 PATIENT INFORMATION  IN  THE  SAME  MANNER  AS  MEDICAL  INFORMATION  OR
 PROTECTED  HEALTH  INFORMATION  AS  DESCRIBED  IN  PARAGRAPH (A) OF THIS
 SUBDIVISION;
   (C) INFORMATION COLLECTED AS PART OF A CLINICAL TRIAL SUBJECT  TO  THE
 FEDERAL  POLICY  FOR THE PROTECTION OF HUMAN SUBJECTS, ALSO KNOWN AS THE
 "COMMON RULE", PURSUANT TO GOOD CLINICAL PRACTICE GUIDELINES  ISSUED  BY
 THE INTERNATIONAL COUNCIL FOR HARMONIZATION OR PURSUANT TO HUMAN SUBJECT
 PROTECTION  REQUIREMENTS  OF  THE  UNITED  STATES FOOD AND DRUG ADMINIS-
 TRATION;
   (D) THE SALE OF PERSONAL INFORMATION TO OR FROM A  CONSUMER  REPORTING
 AGENCY  IF SUCH INFORMATION IS TO BE REPORTED IN, OR USED TO GENERATE, A
 CONSUMER REPORT AS DEFINED IN SECTION THREE  HUNDRED  EIGHTY-A  OF  THIS
 CHAPTER AND USE OF THAT INFORMATION IS LIMITED BY THE FEDERAL FAIR CRED-
 IT REPORTING ACT, 15 USC 1681;
   (E)  PERSONAL  INFORMATION  COLLECTED,  PROCESSED,  SOLD, OR DISCLOSED
 PURSUANT TO THE FEDERAL GRAMM-LEACH-BLILEY ACT OR ANY FINANCIAL  PRIVACY
 LAWS  OR  REGULATIONS  OF  THE STATE OF NEW YORK, AND IMPLEMENTING REGU-
 LATIONS, IF IT IS IN CONFLICT WITH SUCH LAW; OR
   (F) PERSONAL INFORMATION  COLLECTED,  PROCESSED,  SOLD,  OR  DISCLOSED
 PURSUANT  TO  THE  DRIVER'S  PRIVACY PROTECTION ACT OF 1994, IF IT IS IN
 CONFLICT WITH SUCH ACT.
   4. NOTWITHSTANDING A BUSINESS' OBLIGATIONS TO  RESPOND  TO  AND  HONOR
 CONSUMER RIGHTS REQUESTS PURSUANT TO SECTIONS SIX HUNDRED SEVENTY-SIX-C,
 SIX  HUNDRED  SEVENTY-SIX-D, AND SIX HUNDRED SEVENTY-SIX-E OF THIS ARTI-
 CLE:
   (A) THE TIME PERIOD FOR A BUSINESS TO RESPOND TO ANY VERIFIED CONSUMER
 REQUEST MAY BE EXTENDED BY UP TO NINETY ADDITIONAL DAYS WHERE NECESSARY,
 TAKING INTO ACCOUNT THE COMPLEXITY AND NUMBER OF THE REQUESTS.  A  BUSI-
 NESS  SHALL  INFORM THE CONSUMER OF ANY SUCH EXTENSION WITHIN FORTY-FIVE
 DAYS OF RECEIPT OF THE REQUEST, TOGETHER WITH THE REASONS FOR THE DELAY;
   (B) IF A BUSINESS DOES NOT TAKE ACTION ON THE REQUEST OF THE CONSUMER,
 SUCH BUSINESS SHALL INFORM THE CONSUMER, WITHOUT DELAY AND AT THE LATEST
 WITHIN THE TIME PERIOD PERMITTED OF RESPONSE BY  THIS  SECTION,  OF  THE
 REASONS  FOR  NOT  TAKING ACTION AND ANY RIGHTS THE CONSUMER MAY HAVE TO
 APPEAL THE DECISION TO THE BUSINESS; AND
   (C) IF REQUESTS FROM A CONSUMER ARE MANIFESTLY UNFOUNDED OR EXCESSIVE,
 IN PARTICULAR BECAUSE OF THEIR  REPETITIVE  CHARACTER,  A  BUSINESS  MAY
 EITHER  CHARGE  A REASONABLE FEE, TAKING INTO ACCOUNT THE ADMINISTRATIVE
 COSTS OF PROVIDING THE INFORMATION OR COMMUNICATION OR TAKING THE ACTION
 REQUESTED, OR REFUSE TO ACT ON THE REQUEST AND NOTIFY  THE  CONSUMER  OF
 THE REASON FOR REFUSING THE REQUEST. SUCH BUSINESS SHALL BEAR THE BURDEN
 S. 5156                            13
 
 OF  DEMONSTRATING  THAT  ANY  VERIFIED  CONSUMER  REQUEST  IS MANIFESTLY
 UNFOUNDED OR EXCESSIVE.
   5. A BUSINESS THAT DISCLOSES PERSONAL INFORMATION TO A SERVICE PROVID-
 ER  SHALL  NOT  BE  LIABLE  UNDER  THIS  ARTICLE IF THE SERVICE PROVIDER
 RECEIVING  THE  PERSONAL  INFORMATION  USES  IT  IN  VIOLATION  OF   THE
 RESTRICTIONS  SET  FORTH  IN THIS ARTICLE, PROVIDED THAT, AT THE TIME OF
 DISCLOSING THE PERSONAL INFORMATION, SUCH BUSINESS DOES NOT HAVE  ACTUAL
 KNOWLEDGE,  OR  REASON  TO BELIEVE, THAT THE SERVICE PROVIDER INTENDS TO
 COMMIT SUCH A VIOLATION. A SERVICE PROVIDER SHALL NOT  BE  LIABLE  UNDER
 THIS  ARTICLE  FOR  THE  OBLIGATIONS OF A BUSINESS FOR WHICH IT PROVIDES
 SERVICES AS SET FORTH IN THIS ARTICLE.
   6. THIS ARTICLE SHALL NOT BE CONSTRUED TO: (A) REQUIRE A  BUSINESS  TO
 COLLECT  OR  RETAIN PERSONAL INFORMATION ABOUT A CONSUMER LONGER THAN IT
 WOULD BE RETAINED SUCH INFORMATION IN THE ORDINARY COURSE  OF  BUSINESS;
 OR
   (B)  REQUIRE  A  BUSINESS TO RE-IDENTIFY OR OTHERWISE LINK INFORMATION
 THAT IS NOT MAINTAINED IN A MANNER THAT  WOULD  BE  CONSIDERED  PERSONAL
 INFORMATION.
   7.  THE  RIGHTS AFFORDED TO CONSUMERS AND THE OBLIGATIONS IMPOSED ON A
 BUSINESS PURSUANT TO THIS ARTICLE SHALL NOT ADVERSELY AFFECT THE  RIGHTS
 AND FREEDOMS OF OTHER CONSUMERS.
   8. THE RIGHTS AFFORDED TO CONSUMERS AND THE OBLIGATIONS IMPOSED ON ANY
 BUSINESS  PURSUANT  TO  THIS  ARTICLE SHALL NOT APPLY TO THE EXTENT THAT
 THEY INFRINGE ON THE NONCOMMERCIAL ACTIVITIES OF  A  PUBLISHER,  EDITOR,
 REPORTER,  OR  OTHER PERSON CONNECTED WITH OR EMPLOYED UPON A NEWSPAPER,
 MAGAZINE, OR OTHER PERIODICAL PUBLICATION, OR BY A PRESS ASSOCIATION  OR
 WIRE SERVICE.
   §  676-K.  CONSUMER'S  PRIVATE  RIGHT OF ACTION. 1. A CONSUMER WHO HAS
 SUFFERED A VIOLATION OF THIS ARTICLE MAY BRING  A  LAWSUIT  AGAINST  THE
 BUSINESS  THAT  COMMITTED  SUCH  VIOLATION.  A VIOLATION OF THIS ARTICLE
 SHALL BE DEEMED TO CONSTITUTE AN INJURY IN FACT TO THE CONSUMER WHO  HAS
 SUFFERED  SUCH  VIOLATION,  AND THE CONSUMER NEED NOT SUFFER MONETARY OR
 PROPERTY LOSS AS A RESULT OF SUCH VIOLATION IN ORDER TO BRING AN  ACTION
 FOR A VIOLATION OF THIS ARTICLE.
   2.  A CONSUMER WHO PREVAILS IN SUCH AN ACTION SHALL OBTAIN THE FOLLOW-
 ING REMEDIES:
   (A) DAMAGES IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS PER
 CONSUMER PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
   (B) INJUNCTIVE OR DECLARATORY RELIEF, AS THE COURT DEEMS PROPER;
   (C) REASONABLE ATTORNEY FEES AND COSTS; AND
   (D) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   3. IN ASSESSING THE AMOUNT  OF  STATUTORY  DAMAGES,  THE  COURT  SHALL
 CONSIDER  ANY ONE OR MORE OF THE RELEVANT CIRCUMSTANCES PRESENTED BY ANY
 OF THE PARTIES TO THE CASE, INCLUDING, BUT NOT LIMITED  TO,  THE  NATURE
 AND  SERIOUSNESS  OF  THE  MISCONDUCT,  THE  NUMBER  OF  VIOLATIONS, THE
 PERSISTENCE OF THE MISCONDUCT, THE LENGTH OF TIME OVER WHICH THE MISCON-
 DUCT OCCURRED, THE WILLFULNESS OF THE DEFENDANT'S  MISCONDUCT,  AND  THE
 DEFENDANT'S ASSETS, LIABILITIES, AND NET WORTH.
   4. A CONSUMER BRINGING AN ACTION PURSUANT TO THIS SECTION SHALL NOTIFY
 THE ATTORNEY GENERAL WITHIN THIRTY DAYS OF THE FILING OF SUCH ACTION.
   §  676-L.  AGENCY  ENFORCEMENT ACTION. 1. THE ATTORNEY GENERAL, COUNTY
 DISTRICT ATTORNEY, OR CITY CORPORATION COUNSEL HAVING  PROPER  JURISDIC-
 TION  MAY BRING A CIVIL ACTION IN THE NAME OF THE PEOPLE OF THE STATE OF
 NEW YORK AGAINST ANY PERSON, BUSINESS, OR SERVICE PROVIDER WHO  VIOLATES
 ANY PROVISION OF THIS ARTICLE.
 S. 5156                            14
 
   2.  ANY  PERSON,  BUSINESS,  OR  SERVICE  PROVIDER  WHO  VIOLATES  THE
 PROVISIONS OF THIS ARTICLE MAY BE LIABLE FOR A CIVIL PENALTY  OF  UP  TO
 SEVEN  THOUSAND  FIVE HUNDRED DOLLARS FOR EACH INTENTIONAL VIOLATION AND
 OF UP TO TWO  THOUSAND  FIVE  HUNDRED  DOLLARS  FOR  EACH  UNINTENTIONAL
 VIOLATION.
   § 676-M. CONSTRUCTION. THIS ARTICLE IS INTENDED TO FURTHER THE CONSTI-
 TUTIONAL  RIGHT  OF  PRIVACY AND TO SUPPLEMENT EXISTING LAWS RELATING TO
 CONSUMERS' PERSONAL INFORMATION. THE PROVISIONS OF THIS ARTICLE ARE  NOT
 LIMITED  TO  INFORMATION  COLLECTED ELECTRONICALLY OR OVER THE INTERNET,
 BUT SHALL APPLY TO THE COLLECTION AND SALE OF ALL  PERSONAL  INFORMATION
 COLLECTED  BY A BUSINESS FROM CONSUMERS. WHEREVER POSSIBLE, LAW RELATING
 TO CONSUMERS' PERSONAL INFORMATION SHOULD BE CONSTRUED TO HARMONIZE WITH
 THE PROVISIONS OF THIS ARTICLE, BUT IN THE EVENT OF A  CONFLICT  BETWEEN
 OTHER LAWS AND THE PROVISIONS OF THIS ARTICLE, THE PROVISIONS OF THE LAW
 THAT AFFORD THE GREATEST PROTECTION FOR THE RIGHT OF PRIVACY FOR CONSUM-
 ERS SHALL CONTROL.
   §  676-N.  ATTORNEY  GENERAL  REGULATIONS.  1.  WITHIN ONE YEAR OF THE
 EFFECTIVE DATE OF THIS ARTICLE, THE ATTORNEY GENERAL SHALL  ADOPT  REGU-
 LATIONS  TO  FURTHER  THE  PURPOSES  OF THIS ARTICLE, INCLUDING, BUT NOT
 LIMITED TO:
   (A) DETAILING AS NEEDED THE TYPES OF  INFORMATION  THAT  ARE  PERSONAL
 INFORMATION  IN  TECHNOLOGY,  DATA  COLLECTION  PRACTICES,  OBSTACLES TO
 IMPLEMENTATION, AND PRIVACY CONCERNS;
   (B) ESTABLISHING ANY EXCEPTIONS NECESSARY  TO  COMPLY  WITH  STATE  OR
 FEDERAL  LAW,  INCLUDING,  BUT  NOT  LIMITED TO, THOSE RELATING TO TRADE
 SECRETS AND INTELLECTUAL PROPERTY RIGHTS;
   (C) FACILITATING AND GOVERNING  THE  SUBMISSION  OF  A  REQUEST  BY  A
 CONSUMER  TO  OPT  OUT  OF  THE SALE OF PERSONAL INFORMATION PURSUANT TO
 SECTION SIX HUNDRED SEVENTY-SIX-F OF THIS ARTICLE;
   (D) GOVERNING BUSINESS COMPLIANCE WITH A CONSUMER'S OPT-OUT REQUEST;
   (E) DEVELOPING A RECOGNIZABLE AND UNIFORM OPT-OUT LOGO  OR  BUTTON  BY
 ALL  BUSINESSES TO PROMOTE CONSUMER AWARENESS OF THE OPPORTUNITY TO OPT-
 OUT OF THE SALE OF PERSONAL INFORMATION;
   (F) ADJUSTING THE MONETARY THRESHOLD IN CLAUSE ONE OF SUBPARAGRAPH (I)
 OF PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIX  HUNDRED  SEVENTY-SIX
 OF  THIS  ARTICLE  IN  JANUARY OF EVERY ODD-NUMBERED YEAR TO REFLECT ANY
 INCREASE IN THE CONSUMER PRICE INDEX;
   (G) ESTABLISHING RULES, PROCEDURES, AND ANY  EXCEPTIONS  NECESSARY  TO
 ENSURE  THAT THE NOTICES AND INFORMATION THAT BUSINESSES ARE REQUIRED TO
 PROVIDE PURSUANT TO THIS ARTICLE ARE PROVIDED IN A MANNER  THAT  MAY  BE
 EASILY  UNDERSTOOD  BY THE AVERAGE CONSUMER, ARE ACCESSIBLE TO CONSUMERS
 WITH DISABILITIES, AND ARE AVAILABLE IN THE LANGUAGE PRIMARILY  USED  TO
 INTERACT  WITH THE CONSUMER, INCLUDING ESTABLISHING RULES AND GUIDELINES
 REGARDING FINANCIAL INCENTIVE OFFERINGS; AND
   (H) ESTABLISHING RULES AND  PROCEDURES  TO  FURTHER  THE  PURPOSES  OF
 SECTIONS SIX HUNDRED SEVENTY-SIX-D AND SIX HUNDRED SEVENTY-SIX-E OF THIS
 ARTICLE  AND  TO  FACILITATE  A  CONSUMER'S OR THE CONSUMER'S AUTHORIZED
 AGENT'S ABILITY TO OBTAIN INFORMATION PURSUANT TO  SECTION  SIX  HUNDRED
 SEVENTY-SIX-I  OF THIS ARTICLE, WITH THE GOAL OF MINIMIZING THE ADMINIS-
 TRATIVE BURDEN ON CONSUMERS, TAKING INTO ACCOUNT  AVAILABLE  TECHNOLOGY,
 SECURITY CONCERNS, AND THE BURDEN ON THE BUSINESS, TO GOVERN A BUSINESS'
 DETERMINATION THAT A REQUEST FOR INFORMATION RECEIVED BY A CONSUMER IS A
 VERIFIABLE  CONSUMER  REQUEST,  INCLUDING  TREATING  A REQUEST SUBMITTED
 THROUGH A PASSWORD-PROTECTED ACCOUNT MAINTAINED BY THE CONSUMER WITH THE
 BUSINESS WHILE THE CONSUMER IS LOGGED INTO THE ACCOUNT AS  A  VERIFIABLE
 CONSUMER  REQUEST  AND PROVIDING A MECHANISM FOR A CONSUMER WHO DOES NOT
 S. 5156                            15

 MAINTAIN AN ACCOUNT WITH THE BUSINESS TO REQUEST INFORMATION THROUGH THE
 BUSINESS' AUTHENTICATION OF THE CONSUMER'S IDENTITY.
   2.  THE  ATTORNEY  GENERAL  MAY  UPDATE THE FOREGOING REGULATIONS, AND
 ADOPT ADDITIONAL REGULATIONS, AS NECESSARY TO FURTHER  THE  PURPOSES  OF
 THIS ARTICLE.
   3. BEFORE ADOPTING ANY REGULATIONS, THE ATTORNEY GENERAL SHALL SOLICIT
 BROAD PUBLIC PARTICIPATION CONCERNING THOSE REGULATIONS.
   §  676-O.  INTERMEDIATE  TRANSACTIONS.  IF A SERIES OF STEPS OR TRANS-
 ACTIONS WERE COMPONENT PARTS OF A SINGLE TRANSACTION INTENDED  FROM  THE
 BEGINNING  TO  BE TAKEN WITH THE INTENTION OF AVOIDING THE REACH OF THIS
 ARTICLE, A COURT SHALL DISREGARD THE INTERMEDIATE STEPS OR  TRANSACTIONS
 FOR PURPOSES OF EFFECTUATING THE PURPOSES OF THIS ARTICLE.
   §  676-P.  NON-WAIVER. ANY PROVISION OF A CONTRACT OR AGREEMENT OF ANY
 KIND THAT PURPORTS TO WAIVE OR LIMIT IN  ANY  WAY  A  CONSUMER'S  RIGHTS
 UNDER THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO A REMEDY
 OR  MEANS  OF ENFORCEMENT, SHALL BE DEEMED CONTRARY TO PUBLIC POLICY AND
 SHALL BE VOID AND  UNENFORCEABLE.  THIS  SECTION  SHALL  NOT  PREVENT  A
 CONSUMER  FROM DECLINING TO REQUEST INFORMATION FROM A BUSINESS, DECLIN-
 ING TO OPT OUT OF A BUSINESS' SALE OF THE CONSUMER'S  PERSONAL  INFORMA-
 TION, OR AUTHORIZING A BUSINESS TO SELL THE CONSUMER'S PERSONAL INFORMA-
 TION AFTER PREVIOUSLY OPTING OUT.
   §  676-Q. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLI-
 CATION THEREOF TO ANY PERSON, BUSINESS,  SERVICE  PROVIDER,  OR  CIRCUM-
 STANCES  IS  HELD  INVALID,  SUCH  INVALIDITY  SHALL  NOT  AFFECT  OTHER
 PROVISIONS OR APPLICATIONS OF THIS ARTICLE WHICH  CAN  BE  GIVEN  EFFECT
 WITHOUT  THE  INVALID  PROVISION  OR  APPLICATION,  AND  TO THIS END THE
 PROVISIONS OF THIS ARTICLE ARE DECLARED TO BE SEVERABLE.
   § 5. This act shall take effect one year after it shall have become  a
 law.