A00674 Summary:

COSPNSRGottfried, Abinanti, Simon, Pheffer Amato, Fahy, Bronson, Zebrowski, Weprin, Lupardo, Colton, Galef, Solages, Jones, Cahill, Pichardo, Steck, Hyndman, Rosenthal L, Stirpe, McDonough, Morinello, Rozic, Otis, Dickens, Griffin, Rodriguez
Add 399-k, Gen Bus L
Prohibits the disclosure of personally identifiable information by an internet service provider without the express written approval of the consumer.
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A00674 Actions:

01/06/2021referred to consumer affairs and protection
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A00674 Committee Votes:

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A00674 Floor Votes:

There are no votes for this bill in this legislative session.
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A00674 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
        Introduced   by   M.   of   A.   WALLACE,  GOTTFRIED,  ABINANTI,  SIMON,
          --  Multi-Sponsored  by  -- M. of A. COOK -- read once and referred to
          the Committee on Consumer Affairs and Protection
        AN ACT to amend the general business law, in relation to prohibiting the
          disclosure of  personally  identifiable  information  by  an  internet
          service provider without the express written approval of the consumer
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  399-k to read as follows:
     3    § 399-k. Disclosure  of  personally  identifiable  information  by  an
     4  internet  service  provider;  prohibited.  1.  For  the purposes of this
     5  section the following terms shall have the following meanings:
     6    (a) "Consumer" means a person who agrees to pay a fee to  an  internet
     7  service  provider  for  access  to the internet for personal, family, or
     8  household purposes, and who does not resell access.
     9    (b) "Internet service provider" (ISP) means a business entity or indi-
    10  vidual who provides consumers authenticated access to, or  presence  on,
    11  the  internet  by  means  of  a switched or dedicated telecommunications
    12  channel upon which the provider provides  transit  routing  of  internet
    13  protocol  packets  for  and  on behalf of the consumer. Internet service
    14  provider does not include the offering, on a common  carrier  basis,  of
    15  telecommunications facilities or of telecommunications by means of these
    16  facilities.
    17    (c) "Personally identifiable information" means information that iden-
    18  tifies:
    19    (i) a consumer by physical or electronic address or telephone number;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 674                              2
     1    (ii)  a  consumer's internet search history or internet usage history;
     2  or
     3    (iii) any of the contents of a consumer's data-storage devices.
     4    2.  Except as provided in subdivisions three and four of this section,
     5  an ISP shall not knowingly disclose personally identifiable  information
     6  resulting from the consumer's use of the telecommunications or ISP with-
     7  out express written approval from the consumer.
     8    (a)  A  telecommunications  or  ISP  that has entered into a franchise
     9  agreement, right-of-way agreement, or other contract with the  state  of
    10  New  York  or any political subdivision thereof, or that uses facilities
    11  that are subject to such agreements, even if it is not a  party  to  the
    12  agreement,  shall  not  collect nor disclose personal information from a
    13  consumer resulting from the consumer's use of the telecommunications  or
    14  ISP without express written approval from the consumer; and
    15    (b)  No  such  telecommunication  or  ISP  shall refuse to provide its
    16  services to a consumer on the grounds that the consumer has not approved
    17  the collection or disclosure of the consumer's personal information.
    18    3. An ISP may disclose personally identifiable information  concerning
    19  a consumer:
    20    (a)  pursuant to a grand jury subpoena, in accordance with subdivision
    21  eight of section 190.30 of the criminal procedure law;
    22    (b) pursuant to a  warrant  issued  in  accordance  with  article  six
    23  hundred ninety or article seven hundred of the criminal procedure law;
    24    (c)  pursuant to a court order in a pending criminal proceeding upon a
    25  showing that such personally identifiable information  is  relevant  and
    26  material to such criminal action or proceeding;
    27    (d)  pursuant  to  a  court order in a pending civil proceeding upon a
    28  showing of compelling need for such information that cannot be  accommo-
    29  dated by other means;
    30    (e)  to  a court in a civil action for conversion commenced by the ISP
    31  or in a civil action to enforce collection of unpaid  subscription  fees
    32  or  purchase amounts, and then only to the extent necessary to establish
    33  the fact of the subscription delinquency or purchase agreement, and with
    34  appropriate safeguards against unauthorized disclosure;
    35    (f) to the consumer who is the subject of the information, upon  writ-
    36  ten  or electronic request and upon payment of any fee not to exceed the
    37  actual cost of retrieving the information;
    38    (g) to another ISP for purposes of reporting or preventing  violations
    39  of  the published acceptable use policy or consumer service agreement of
    40  the ISP; except that the recipient may further disclose  the  personally
    41  identifiable information only as provided by this chapter; or
    42    (h) to any person with the authorization of the consumer.
    43    4.  (a)  The  ISP  shall  obtain  the consumer's authorization for the
    44  disclosure of personally identifiable information in writing or by elec-
    45  tronic means.
    46    (b) The request for authorization must reasonably describe  the  types
    47  of  persons to whom personally identifiable information may be disclosed
    48  and the anticipated uses of the information.
    49    (c) In order for an authorization to be effective, a contract  between
    50  an  ISP  and  the  consumer  must  state  that the authorization will be
    51  obtained by an affirmative act of the consumer.
    52    (d) The provision in the contract must be conspicuous.
    53    (e) Authorization shall be obtained in a manner consistent with guide-
    54  lines issued by representatives of the ISP or online industries,  or  in
    55  any other manner reasonably designed to comply with this section.

        A. 674                              3
     1    5.  The  ISP shall take all reasonable and necessary steps to maintain
     2  the security and privacy of a consumer's personally identifiable  infor-
     3  mation.
     4    6.  A  consumer  who  prevails  or substantially prevails in an action
     5  brought under this section is entitled to the greater  of  five  hundred
     6  dollars or actual damages. Costs, disbursements, and reasonable attorney
     7  fees  may  be awarded to a party awarded damages for a violation of this
     8  section. The action available under this section is  exempted  from  any
     9  mandatory arbitration clauses that may exist in the contract between the
    10  ISP  and  the  consumer.  In a civil action under this section, it is an
    11  affirmative defense that such  information  was  released  or  otherwise
    12  available  in violation of this section notwithstanding reasonable prac-
    13  tices established and implemented by the defendant to prevent violations
    14  of this section.
    15    7. This section does not limit any greater protection of  the  privacy
    16  of information under other law, except that:
    17    (a)  nothing  in  this  section shall be deemed to limit the authority
    18  under other state or federal law of law enforcement to  obtain  informa-
    19  tion; and
    20    (b) if federal law is enacted that regulates the release of personally
    21  identifiable  information  by ISPs but does not preempt state law on the
    22  subject, state law prevails.
    23    § 2. This act shall take effect on the ninetieth day  after  it  shall
    24  have become a law.
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