New York S 6797: Prohibits data brokers from selling the personal information of current and former military servicemembers

Bill Text

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S06797 Summary:

BILL NOS06797 

&nbsp

SAME ASSAME AS A10911

&nbsp

SPONSORSKOUFIS

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §399-jj, Gen Bus L

&nbsp

Prohibits data brokers from selling the personal information of current and former military servicemembers or their households without consent.

Go to top S06797 Actions:

BILL NOS06797 

&nbsp

03/24/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS06797 Committee&nbspVotes:

Go to topS06797 Floor&nbspVotes:

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

Go to topS06797 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6797

 2025-2026 Regular Sessions

 IN SENATE

 March 24, 2025
 ___________

 Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to prohibiting
 data brokers from selling the personal information of current and
 former military servicemembers

 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 section
 2 399-jj to read as follows:
 3 § 399-jj. Sale of personal information of servicemembers. 1. As used
 4 in this section:
 5 (a) "Consent" means a clear affirmative act signifying a freely given,
 6 specific, informed, and unambiguous indication of a consumer's agreement
 7 to the processing of data relating to the consumer. Consent may be with-
 8 drawn at any time, and a controller must provide clear, conspicuous, and
 9 consumer-friendly means to withdraw consent. The burden of establishing
 10 consent is on the controller. Consent does not include: (i) an agreement
 11 of general terms of use or a similar document that references unrelated
 12 information in addition to personal data processing; (ii) an agreement
 13 obtained through fraud, deceit or deception; (iii) any act that does not
 14 constitute a user's intent to interact with another party such as hover-
 15 ing over, pausing or closing any content; or (iv) a pre-checked box or
 16 similar default.
 17 (b) "Consumer" means a natural person who is a New York resident
 18 acting only in an individual or household context. It does not include a
 19 natural person known to be acting in a professional or employment
 20 context.
 21 (c) "Data broker" means a person, or unit or units of a legal entity,
 22 separately or together, that does business in the state of New York and
 23 knowingly collects, and sells to other controllers or third parties, the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03293-01-5

 S. 6797 2

 1 personal data of a consumer with whom it does not have a direct
 2 relationship. "Data broker" does not include any of the following:
 3 (i) a consumer reporting agency to the extent that it is covered by
 4 the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.); or
 5 (ii) a financial institution to the extent that it is covered by the
 6 Gramm-Leach-Bliley Act (Public Law 106-102) and implementing regu-
 7 lations.
 8 (d) "Household" means a group, however identified, of consumers who
 9 cohabitate with one another at the same residential address and may
 10 share use of common devices or services.
 11 (e) "Military servicemember" means a person who is serving or has
 12 served:
 13 (i) on active duty in the army, navy, marine corps, air force, space
 14 force, or coast guard of the United States;
 15 (ii) in the army national guard or air national guard;
 16 (iii) as a commissioned officer in the public health service or of the
 17 national oceanic and atmospheric administration or environmental
 18 sciences services administration; or
 19 (iv) as a cadet at a United States armed forces service academy.
 20 (f) "Military servicemember list" means a list that includes personal
 21 information, other than public record information, about one or more
 22 individuals or households which is created for the express or implied
 23 purpose of compiling information about individuals who are current or
 24 former servicemembers or family members of a current or former servicem-
 25 ember