New York A 5827: Relates to the assignment of utilization review agents

Bill Text

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A05827 Summary:

BILL NOA05827 

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SAME ASNo Same As

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SPONSORSolages

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COSPNSR

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MLTSPNSR

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Redesig Art 46 §§1600 & 1601 to be Art 60 §§6000 & 6001, add Art 46 Title I §§1600 & 1601, Title II §§1610 -
1613, Title III §§1620 - 1629, Title IV §§1640 - 1644, Title V §§1650 - 1654, Gen Bus L; add §85, St Fin L

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Establishes consumers' foundational data privacy rights; creates oversight mechanisms; establishes enforcement mechanisms; establishes the privacy and security victims relief fund.

Go to top A05827 Actions:

BILL NOA05827 

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02/20/2025referred to science and technology

01/07/2026referred to science and technology

Go to topA05827 Committee&nbspVotes:

Go to topA05827 Floor&nbspVotes:

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

Go to topA05827 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5827

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
 tee on Science and Technology

 AN ACT to amend the general business law, in relation to establishing
 consumers' foundational data privacy rights, creating oversight mech-
 anisms, and establishing enforcement mechanisms; and to amend the
 state finance law, in relation to establishing the privacy and securi-
 ty victims relief fund

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

 1 Section 1. Article 46 of the general business law is redesignated
 2 article 60 and sections 1600 and 1601 are redesignated sections 6000 and
 3 6001.
 4 § 2. The general business law is amended by adding a new article 46 to
 5 read as follows:

 6 ARTICLE 46
 7 DATA PRIVACY AND PROTECTION

 8 Title I. Short title and definitions (§§ 1600--1601).
 9 Title II. Duty of loyalty (§§ 1610--1613).
 10 Title III. Consumer data rights (§§ 1620--1629).
 11 Title IV. Corporate accountability (§§ 1640--1644).
 12 Title V. Enforcement, applicability, and miscellaneous (§§
 13 1650--1654).

 14 TITLE I
 15 SHORT TITLE AND DEFINITIONS
 16 Section 1600. Short title.
 17 1601. Definitions.
 18 § 1600. Short title. This article shall be known and may be cited as
 19 the "American Data Privacy and Protection Act".

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09203-01-5

 A. 5827 2

 1 § 1601. Definitions. As used in this article:
 2 1. (a) "Affirmative express consent" means an affirmative act by an
 3 individual that clearly communicates the individual's freely given,
 4 specific, and unambiguous authorization for an act or practice after
 5 having been informed, in response to a specific request from a covered
 6 entity that meets the requirements of paragraph (b) of this subdivision.
 7 (b) The requirements of this paragraph with respect to a request from
 8 a covered entity to an individual are the following:
 9 (i) The request is provided to the individual in a clear and conspicu-
 10 ous standalone disclosure made through the primary medium used to offer
 11 the covered entity's product or service, or only if the product or
 12 service is not offered in a medium that permits the making of the
 13 request under this paragraph, another medium regularly used in conjunc-
 14 tion with the covered entity's product or service.
 15 (ii) The request includes a description of the processing purpose for
 16 which the individual's consent is sought and:
 17 (A) clearly states the specific categories of covered data that the
 18 covered entity shall collect, process, and transfer necessary to effec-
 19 tuate the processing purpose; and
 20 (B) includes a prominent heading and is written in easy-to-understand
 21 language that would enable a reasonable individual to identify and
 22 understand the processing purpose for which consent is sought and the
 23 covered data to be collected, processed, or transferred by the covered
 24 entity for such processing purpose.
 25 (iii) The request clearly explains the individual's applicable rights
 26 related to consent.
 27 (iv) The request is made in a manner reasonably accessible to and
 28 usable by individuals with