Why This Privacy Law is Important: With many of the same requirements as the California Consumer Privacy Act, the New York Privacy Act would give consumers additional rights to sue companies directly over violations.
Overview/Status of Bill: The New York Privacy Act (Senate Bill S5642) was introduced in May 2019 and is currently in Senate Committee.
If passed and signed into law, the enacted NY Privacy Act will require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared; creates a special account to fund a new office of privacy and data protection.
Need to Know Information:
- Who it Applies To: Companies of any size that have or process New York consumer data.
- What is Covered: The bill would allow New Yorkers to find out what data companies are collecting on them, see who they’re sharing that data with, request that it be corrected or deleted, and avoid having their data shared with or sold to third parties altogether. In addition, it would give people the right to sue companies directly over privacy violations.
- How to Comply: New York businesses must respond to consumer requests within 30 days.
- Potential Penalties: If a company does not comply, the attorney general may bring an action. In addition, individuals may bring their own lawsuit. Companies who violate the act are subject to an injunction and liable for damages and a civil penalty; when deciding the penalties, the court will consider the number of affected individuals, the severity of the violation, and the size and revenues of the covered entity.