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A08716 Summary:

BILL NOA08716
 
SAME ASNo Same As
 
SPONSORSantabarbara
 
COSPNSR
 
MLTSPNSR
 
Add §170-j, Exec L
 
Enacts the "autism data privacy protection act" which provides data protection for persons with autism.
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A08716 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8716
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2025
                                       ___________
 
        Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to enacting  the  "autism
          data privacy protection act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "autism data privacy protection act".
     3    §  2.  The  executive  law is amended by adding a new section 170-j to
     4  read as follows:
     5    § 170-j. Privacy protections for individuals  with  autism.  1.  Every
     6  state  agency,  board,  department,  commission,  political subdivision,
     7  grantee or contractor shall be prohibited from collecting or  disclosing
     8  personally  identifiable  autism-related information of a person without
     9  the informed, written consent of such person.
    10    2. Notwithstanding subdivision one of this section, no  state  agency,
    11  board,   department,   commission,  political  subdivision,  grantee  or
    12  contractor shall be found to  be  in  violation  of  this  section  when
    13  providing  such  autism-related information in response to court orders,
    14  service delivery needs or lawful mandates and such state agency,  board,
    15  department,  commission,  political  subdivision,  grantee or contractor
    16  takes steps to limit and anonymize its data.
    17    3. Whenever it appears to the attorney general, either upon  complaint
    18  or otherwise, that any person's autism-related information was disclosed
    19  in  violation  of this section, the attorney general may bring an action
    20  or special proceeding in the name and on behalf of  the  people  of  the
    21  state  of  New  York  to  enjoin any violation of this section and/or to
    22  obtain civil penalties of  not  more  than  two  thousand  five  hundred
    23  dollars per violation. For the purposes of this subdivision, each person
    24  whose  autism-related  information  was  unlawfully  disclosed  shall be
    25  considered a separate violation.
    26    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13184-01-5
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