Prohibits property and casualty insurance companies from increasing rates based on geolocation information; provides exceptions; prohibits automobile manufactures and dealers from collecting, distributing or selling customer GPS data to third parties.
STATE OF NEW YORK
________________________________________________________________________
7597
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting property
and casualty insurance companies from increasing rates based on geolo-
cation information; and to amend the general business law, in relation
to disclosure of geolocation data by motor vehicle manufacturers and
dealers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 2335-b
2 to read as follows:
3 § 2335-b. Prohibition of rate increases for persons utilizing GPS
4 devices. 1. a. For purposes of this section, the term "GPS" means a
5 global positioning system, or a comparable location tracking technology,
6 that uses navigational satellites to determine a user's location and
7 velocity in real time. GPS includes both factory-installed and after-
8 market global positioning systems.
9 2. Subject to the provisions of subdivision four of this section, no
10 insurer authorized to transact or transacting business in this state, or
11 controlling or controlled by or under common control by or with an
12 insurer authorized to transact or transacting business in this state,
13 which sells a policy providing motor vehicle liability insurance cover-
14 age in this state shall use information from any GPS technology to
15 determine or impose any additional rate, costs, fees, charges, or penal-
16 ties on an insured vehicle driver based on GPS data relating to such
17 driver's use of a vehicle.
18 3. This section shall not limit the right of an insurer to use global
19 positioning technology to:
20 (a) provide a discount or reduction for vehicles equipped with a GPS;
21 or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09073-01-5
A. 7597 2
1 (b) impose costs, fees, charges, or penalties to recover a vehicle
2 that does not contain a GPS if such vehicle is lost, misplaced, or
3 stolen.
4 4. The provisions of this section shall not apply if the insured
5 expressly and voluntarily installs or agrees to the installation of the
6 GPS device obtained from the insurer for the specific purpose of evalu-
7 ating the insured's driving habits for the purpose of determining insur-
8 ance rates.
9 § 2. The general business law is amended by adding a new section 198-d
10 to read as follows:
11 § 198-d. Use of geolocation data. 1. No motor vehicle manufacturer or
12 dealer operating within the state shall, without the consumer's express
13 prior consent:
14 (a) collect, record or maintain a consumer's GPS information regarding
15 precise geolocation and driving behavior;
16 (b) disclose the consumer's sensitive geolocation and driver behavior
17 data to consumer reporting agencies; or
18 (c) sell the consumer's sensitive geolocation and driver behavior data
19 to any third party.
20 2. Any motor vehicle manufacturer or dealer that collects, records or
21 maintains a consumer's GPS information regarding precise geolocation and
22 driving behavior shall:
23 (a) in each case, obtain affirmative express consent from the consumer
24 prior to collecting connected vehicle data;
25 (b) provide a way for the consumer to opt-out of the collection of
26 geolocation and driver behavior data;
27 (c) allow consumers to limit data collection from their vehicles,
28 including allowing the consumer the ability to disable the collection of
29 precise geolocation data from their vehicles if their vehicle has the
30 necessary technology;
31 (d) allow the consumer to obtain data;
32 (e) allow the consumer to delete their data.
33 3. Any person, firm, or corporation violating the provisions of this
34 section shall be liable in an action brought on behalf of the people of
35 the state of New York in the sum of one thousand dollars for each of
36 such violations.
37 4. The provisions of this section shall not prohibit the disclosure of
38 a consumer's GPS geolocation or driver's behavior data to emergency
39 first responders or to law enforcement agencies.
40 § 3. This act shall take effect on the ninetieth day after it shall
41 have become a law. Effective immediately, the addition, amendment and/or
42 repeal of any rule or regulation necessary for the implementation of
43 this act on its effective date are authorized to be made and completed
44 on or before such effective date.
