New York A 8729: Authorizes and directs the department of transportation to establish a memorial marker program

Bill Text

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A08729 Summary:

BILL NOA08729 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Add Art 39-FFF §§899-ss - 899-xx, Gen Bus L

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Prohibits the collection or processing of an individual's location information except for a permissible purpose; requires an entity collecting location information for the provision of multiple permissible purpose to maintain a location privacy policy obtain consent from the individual the information pertains to; prohibits the disclosure or sale of such information except for certain purposes; provides remedies for violations.

Go to top A08729 Actions:

BILL NOA08729 

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06/02/2025referred to science and technology

01/07/2026referred to science and technology

Go to topA08729 Committee&nbspVotes:

Go to topA08729 Floor&nbspVotes:

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

Go to topA08729 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8729

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 2, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Science and Technology

 AN ACT to amend the general business law, in relation to protecting
 safety and privacy by stopping the sale of location data

 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 article
 2 39-FFF to read as follows:
 3 ARTICLE 39-FFF
 4 PROTECTION OF LOCATION DATA
 5 Section 899-ss. Definitions.
 6 899-tt. Protection of location information.
 7 899-uu. Prohibition against retaliation.
 8 899-vv. Enforcement.
 9 899-ww. Rulemaking authority.
 10 899-xx. Application.
 11 § 899-ss. Definitions. As used in this article, the following terms
 12 shall have the following meanings:
 13 1. "Application" means a software program that runs on the operating
 14 system of a device.
 15 2. "Collect" means to obtain, infer, generate, create, receive, or
 16 access an individual's location information.
 17 3. "Consent" means freely given, specific, informed, unambiguous,
 18 opt-in consent. This term does not include either of the following:
 19 (a) agreement secured without first providing to the individual a
 20 clear and conspicuous disclosure of all information material to the
 21 provision of consent, apart from any privacy policy, terms of service,
 22 terms of use, general release, user agreement, or other similar docu-
 23 ment; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11915-01-5

 A. 8729 2

 1 (b) agreement obtained through the use of a user interface designed or
 2 manipulated with the substantial effect of subverting or impairing user
 3 autonomy, decision making, or choice.
 4 4. "Covered entity" means any individual, partnership, corporation,
 5 limited liability company, association, or other group, however organ-
 6 ized. A covered entity does not include a state or local government
 7 agency, or any court of New York, a clerk of the court, or a judge or
 8 justice thereof. A covered entity does not include an individual acting
 9 in a non-commercial context. A covered entity includes all agents of the
 10 entity.
 11 5. "Device" means a mobile telephone or any other electronic device
 12 that is or may commonly be carried by or on an individual and is capable
 13 of connecting to a cellular, bluetooth, or other wireless network.
 14 6. "Disclose" means to make location information available to a third
 15 party, including but not limited to sharing, publishing, releasing,
 16 transferring, disseminating, providing access to, or otherwise communi-
 17 cating such location information orally, in writing, electronically, or
 18 by any other means.
 19 7. "Individual" means a person located in the state of New York.
 20 8. "Location information" means information derived from a device or
 21 from interactions between devices, with or without the knowledge of the
 22 user and regardless of the technological method used, that pertains to
 23 or directly or indirectly reveals the present or past geographical
 24 location of an individual or device within the state of New York with
 25 sufficient precision to ide