New York A 3924: Requires notice be provided to any officer or employee of the department of correctional services whose personal information is the subject of a subpoena duces tecum

Bill Text

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A03924 Summary:

BILL NOA03924 

&nbsp

SAME ASNo Same As

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SPONSORBores

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COSPNSR

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MLTSPNSR

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Amd §§50 & 51, Civ Rts L

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Relates to privacy rights involving digitization; provides that such right of privacy and action for injunction and damages shall include a portrait, picture, likeness or voice created or altered by digitization.

Go to top A03924 Actions:

BILL NOA03924 

&nbsp

01/30/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA03924 Committee&nbspVotes:

Go to topA03924 Floor&nbspVotes:

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

Go to topA03924 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3924

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. BORES -- read once and referred to the Committee
 on Judiciary

 AN ACT to amend the civil rights law, in relation to privacy rights
 involving digitization

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "right to
 2 your own image act".
 3 § 2. Section 50 of the civil rights law, as amended by section 1 of
 4 subpart A of part MM of chapter 58 of the laws of 2024, is amended to
 5 read as follows:
 6 § 50. Right of privacy. A person, firm or corporation that uses for
 7 advertising purposes, or for the purposes of trade, the name, portrait,
 8 picture, likeness, or voice of any living person, including but not
 9 limited to a portrait, picture, likeness, or voice created or altered by
 10 digitization, without having first obtained the written consent of such
 11 person, or if a minor of such minor's parent or guardian, is guilty of a
 12 misdemeanor. For purposes of this section, "digitization" means the use
 13 of software, machine learning, artificial intelligence, or any other
 14 computer-generated or technological means, including adapting, modify-
 15 ing, manipulating, or altering a realistic depiction.
 16 § 3. Section 51 of the civil rights law, as amended by section 2 of
 17 subpart A of part MM of chapter 58 of the laws of 2024, is amended to
 18 read as follows:
 19 § 51. Action for injunction and for damages. Any person whose name,
 20 portrait, picture, likeness or voice, including but not limited to a
 21 portrait, picture, likeness, or voice created or altered by digitiza-
 22 tion, is used within this state for advertising purposes or for the
 23 purposes of trade without the written consent first obtained as above
 24 provided may maintain an equitable action in the supreme court of this
 25 state against the person, firm or corporation so using such person's

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02148-01-5

 A. 3924 2

 1 name, portrait, picture, likeness or voice, including but not limited to
 2 a portrait, picture, likeness, or voice created or altered by digitiza-
 3 tion, to prevent and restrain the use thereof; and may also sue and
 4 recover damages for any injuries sustained by reason of such use and if
 5 the defendant shall have knowingly used such person's name, portrait,
 6 picture, likeness or voice, including but not limited to a portrait,
 7 picture, likeness, or voice created or altered by digitization, in such
 8 manner as is forbidden or declared to be unlawful by section fifty of
 9 this article, the jury, in its discretion, may award exemplary damages.
 10 But nothing contained in this article shall be so construed as to
 11 prevent any person, firm or corporation from selling or otherwise trans-
 12 ferring any material containing such name, portrait, picture, likeness
 13 or voice, including but not limited to a portrait, picture, likeness, or
 14 voice created or altered by digitization, in whatever medium to any user
 15 of such name, portrait, picture, likeness or voice, or to any third
 16 party for sale or transfer directly or indirectly to such a user, for
 17 use in a manner lawful under this article; nothing contained in this
 18 article shall be so construed as to prevent any person, firm or corpo-
 19 ration, practicing the profession of photography, from exhibiting in or
 20 about their estab