Senate Bill 3162 for An act to amend the general business law and the state finance law, in relation to allowing consumers the right to request from businesses the categories of personal information the business has sold or disclosed to third parties was introduced, on 30 January 2023, to the New York State Senate, and thereafter referred, on the same date, to the State Senate Consumer Protection Committee. In particular, the bill highlights that a consumer shall have the right to request that a business that collects personal information about the consumer disclose to them:

• the categories of personal data collected about the consumer;
• the categories of personal data sold about the consumer and identity of the third party to whom it was sold; and
• the categories of personal data disclosed for a business purpose, and identity of the persons to whom such information was disclosed for a business purpose.

In addition, the bill outlines consumers have the right to opt out from the sale of their personal data at any time. Further, the bill details that organisations must respect the decision to opt-out of the sale of personal data for at least 12 months before requesting the consumer to authorise the sale of personal data again.

 More specifically, the bill provides the information to be disclosed for the above requests, including:

• identifiers such as real name, IP address, e-mail, account name, social security number ('SSN'), and passport number;
• commercial information, including records of property, products, or services provided;
• biometric data;
• internet or other electronic network activity information, including browsing and search history, and interaction with an advertisement;
• geolocation data
• audio, electronic, visual, thermal, olfactory, or similar information;
• psychometric data;
• professional or employment related data; and
• inferences drawn from any of the information above.

Finally, the bill provides that consumers who have suffered a violation under the bill may bring an action for statutory damages.

You can read the bill and track its progress here.

(Update) 17 February 2023

Companion bill introduced to State Assembly 

Assembly Bill 4374 was introduced, on 14 February 2023, to the New York State Assembly, and thereafter referred, on the same date, to the Consumer Affairs and Protection Committee.

You can read the bill and track its progress here.