New York Assembly Bill A04920 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4920 2023-2024 Regular Sessions  IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, DINOWITZ, SIMON, SEAWRIGHT, KELLES, FORREST, SILLITTI -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to prohibiting geofencing by digital advertisers at health care facilities 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 2 396-aaaa to read as follows: 3 § 396-aaaa. Prohibition on geofencing. 1. For the purposes of this 4 section, the following terms shall have the following meanings: 5 a. "Digital advertiser" shall mean any person, corporation, partner- 6 ship or association that delivers digital advertisements by electronic 7 means. 8 b. "Digital advertisement" shall include any communication delivered 9 by electronic means that is intended to be used for the purposes of 10 marketing, solicitation, or dissemination of information related, 11 directly or indirectly, to goods or services provided by the digital 12 advertiser or a third party. 13 c. "Delivered by electronic means" shall include delivery to an elec- 14 tronic mail address, posting on an electronic network or site accessible 15 via the internet, mobile application, computer, mobile device, tablet, 16 or any other electronic device used by a natural person. 17 d. "Geofencing" shall mean the process of identifying whether a device 18 enters, exits, or is present within a geographic area through the use of 19 any information stored, transmitted, or received by such device, includ- 20 ing but not limited to latitude, longitude, global positioning system 21 coordinates, internet protocol address, wireless internet access infor- 22 mation, Bluetooth technology, near-field communication information, cell 23 tower connectivity, device identification information, and/or any other 24 form of location detection. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03292-01-3 
 A. 4920 2 1 e. "Health care facility" shall mean any governmental or private agen- 2 cy, department, institution, clinic, laboratory, hospital, physician's 3 office, nursing care facility, health maintenance organization, associ- 4 ation or other similar entity that provides medical care or related 5 services pursuant to the provisions of the public health law or the 6 mental hygiene law, including the building or structure in which the 7 facility is located. 8 f. "User" shall mean a natural person who owns or uses a mobile device 9 or any other connected electronic device capable of receiving digital 10 advertisements. 11 g. "Vicinity" shall mean within two hundred fifty feet of the perime- 12 ter of a health care facility. 13 2. a. It shall be unlawful for any person, corporation, partnership or 14 association to deliver by electronic means any digital advertisement to 15 a user through the use of geofencing or a similar virtual boundary 16 created around or within the vicinity of any health care facility as 17 defined in paragraph e of subdivision one of this section. 18 b. It shall be unlawful for any person, corporation, partnership or 19 association to establish a geofence or similar virtual boundary around 20 or within the vicinity of any health care facility for the purpose of 21 delivering by electronic means a digital advertisement to a user in or 22 within the vicinity of such health care facility, building consumer 23 profiles, or inferring the health status, medical condition, or medical 24 treatment of any person. 25 § 2. This act shall take effect on the thirtieth day after it shall 26 have become a law.