New York S 5156: Enacts the New York State Iran divestment act; repealer

Status: REFERRED TO FINANCE (as of 2020-01-08)

State: New York · Session: 2019-2020 · Bill: S 5156

Sponsors: GOUNARDES

Bill Text

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S05156 Summary:

BILL NOS05156 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Amd §§50 & 51, Civ Rts L; add Art 32-A §§676 - 676-q, Gen Bus L

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Establishes the "It's Your Data Act" for the purposes of providing protections and transparency in the collection, use, retention, and sharing of personal information.

Go to top S05156 Actions:

BILL NOS05156 

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02/19/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05156 Committee&nbspVotes:

Go to topS05156 Floor&nbspVotes:

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

Go to topS05156 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5156

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the civil rights law and the general business law, in
 relation to establishing the "It's Your Data 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 "It's Your Data 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 collects,
 7 stores, and/or uses for the purpose of advertising [purposes, or for the
 8 purposes of], trade, data-mining, or generating commercial or economic
 9 value, the name, portrait, picture, video, likeness, [or] voice, and all
 10 other personal data, biometric data, and location data of any living
 11 person without having first obtained the written consent of such person,
 12 or if a minor of such minor's parent or guardian, or, if such consent is
 13 obtained, subsequently fails to exercise reasonable care consistent with
 14 its obligations as bailee of that person's name, portrait, picture,
 15 video, likeness, voice, and all other personal data, biometric data, and
 16 location data, is guilty of a misdemeanor.
 17 § 3. Section 51 of the civil rights law, as amended by section 2 of
 18 subpart A of part MM of chapter 58 of the laws of 2024, is amended to
 19 read as follows:
 20 § 51. Action for injunction and for damages. Any person [whose name,
 21 portrait, picture, likeness or voice is used within this state for
 22 advertising purposes or for the purposes of trade without the written
 23 consent], firm or corporation that collects, stores, and/or uses for the
 24 purpose of advertising, trade, data-mining, or generating commercial or
 25 economic value, name, portrait, picture, video, voice, likeness, and all

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05969-01-5

 S. 5156 2

 1 other personal data, biometric data, and location data of any living
 2 person without having first obtained the written consent of such person,
 3 or if a minor of their parent or guardian, or, when such consent is
 4 obtained, subsequently fails to exercise reasonable care consistent with
 5 its obligations as bailee of that individual's name, portrait, picture,
 6 video, likeness, voice, and all other personal data, biometric data, and
 7 location data first obtained as above provided may maintain an equitable
 8 action in the supreme court of this state against the person, firm or
 9 corporation so using such person's name, portrait, picture, video, like-
 10 ness [or], voice, and all other personal data, biometric data, and
 11 location data to prevent and restrain the use thereof; and may also sue
 12 and recover damages for any injuries sustained by reason of such use and
 13 if the defendant shall have knowingly used such person's name, portrait,
 14 picture, video, likeness [or], voice, and all other personal data, biom-
 15 etric data, and location data in such manner as is forbidden or declared
 16 to be unlawful by section fifty of this article, the jury, in its
 17 discretion, may award exemplary damages. But nothing contained in this
 18 article shall be so construed as to prevent any person, firm or corpo-
 19 ration from s

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