New York S 5434: Relates to the right to assistance of counsel for custody and guardianship proceedings

Bill Text

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S05434 Summary:

BILL NOS05434 

&nbsp

SAME ASNo Same As

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SPONSORGOUNARDES

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COSPNSRHOYLMAN-SIGAL, JACKSON

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MLTSPNSR

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Add Art 51 §§1004 - 1007, Exec L; add §185, Tax L

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Enacts the "data economy labor compensation and accountability act"; establishes the office of consumer data protection for the purpose of properly safeguarding personal data; imposes a tax on data controllers and data processors required to register with such office.

Go to top S05434 Actions:

BILL NOS05434 

&nbsp

02/21/2025REFERRED TO FINANCE

01/07/2026REFERRED TO FINANCE

Go to topS05434 Committee&nbspVotes:

Go to topS05434 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05434 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5434

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sens. GOUNARDES, HOYLMAN-SIGAL, JACKSON -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Finance

 AN ACT to amend the executive law and the tax law, in relation to estab-
 lishing the data economy labor compensation and accountability 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 "data economy labor compensation and accountability act".
 3 § 2. Legislative intent. a. The legislature finds that the commercial-
 4 ization of personal consumer data has wrought wholesale and disruptive
 5 transformations in our global markets, politics, psychology, socializa-
 6 tion, and the basic functioning of society;
 7 b. The legislature further finds that, according to a 2016 Rockefeller
 8 Foundation study Data Financing for the Global Good, the "data economy,"
 9 in which millions of data points are endlessly gathered, organized, and
 10 exchanged by a series of vendors for the purpose of deriving value from
 11 accumulated information, has produced enough value in industrialized
 12 countries to equal 4% of their gross domestic product;
 13 c. The legislature further finds that the consumers whose emails,
 14 texts, Internet searches, purchasing history, profile information,
 15 swipes, clicks, and more have produced such tremendous amounts of value
 16 do not receive the direct dividends of their labor;
 17 d. The legislature further finds that large swaths of our global and
 18 national society have yet to benefit from the revolution wrought by such
 19 commercialization of their data and technology at large;
 20 e. The legislature further finds that the proliferation of targeted
 21 advertising based on the sale, transfer, or licensing of personal
 22 consumer data has led to an exploitation of individual users' attention,
 23 leading to reduced productivity, mental acuity, and overall emotional

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09958-02-5

 S. 5434 2

 1 and social well-being as well as overcrowding of digital spaces and
 2 depletion of the "common good" of limited user attention;
 3 f. The legislature further finds that the collection and storage of
 4 vast amounts of personal consumer data carries an inherent risk of secu-
 5 rity breach if such data is compromised;
 6 g. The legislature hereby declares that a levy on the gross receipts
 7 of commercial interests engaged in such commodification will erode the
 8 aforementioned negative externalities by incentivizing companies to
 9 collect fewer points of personal consumer data, to provide fair market
 10 value dividends directly to consumers in exchange for their productive
 11 labor, to proactively mitigate the security risks of data breaches, and
 12 to more judiciously preserve the commons of digital space and limited
 13 user attention;
 14 h. The legislature further declares that a levy on the gross receipts
 15 of such commercial interests will redistribute the wealth created by the
 16 value of consumers from the shareholders who exploit this free labor
 17 back to the people who generate such labor;
 18 i. The legislature further declares that the creation of a "data tax"
 19 will put New York on par with other domestic and fore