Processes personal data, in New York

N.Y. Gen. Bus. Law § 899-aa · Read the law's page

• Disclose a breach of the security of your system to each affected New York resident in the most expedient time possible and without unreasonable delay, and no later than 30 days after discovering the breach.
• Notify the New York Attorney General, the Department of State, and the Division of State Police of the breach, and notify each nationwide consumer reporting agency if you are notifying more than 5,000 New York residents at once.
• If you are a covered entity as defined in 23 NYCRR 500.1, also notify the New York Department of Financial Services of the breach in compliance with 23 NYCRR 500.17 (Section 899-aa(8)(a)).
• If you maintain computerized data that includes private information you do not own, notify the owner or licensee of any breach of the security of the system immediately, and in any event within 30 days following discovery, if the information was or is reasonably believed to have been accessed or acquired without valid authorization (Section 899-aa(3)).
• If you are a covered entity that must notify the Secretary of Health and Human Services of a breach under HIPAA or the HITECH Act, notify the New York Attorney General within 5 business days of notifying the Secretary (Section 899-aa(9)).
• If you decide not to notify affected persons because an exposure was an inadvertent disclosure by persons authorized to access private information that will not likely result in misuse or harm, and the incident affects over 500 New York residents, submit your written determination to the New York Attorney General within 10 days after the determination (Section 899-aa(2)(a)).
• Do not assume New York law clears a faceprint or voiceprint you extract from a recording to authenticate or ascertain identity. SHIELD's biometric-information trigger carries no recording-derived exclusion, so an extracted identifier plausibly falls within it if a later breach exposes it, though this reading is untested in New York case law or Attorney General guidance.
• Do not treat a New York City ordinance as displaced by this section's preemption clause. SHIELD's preemption is scoped to breach notification; the separate NYC Biometric Identifier Information Law regulates capture consent and retention, a different subject.

N.Y. Gen. Bus. Law §§ 899-aa(6), 899-bb(2)(d)-(2)(e) · Read the law's page

• Expect SHIELD Act violations, for both the breach notification duty and the data security program duty, to be enforced exclusively by the New York Attorney General, never by a private plaintiff.
• Expect the Attorney General to seek an injunction and, for a failure to notify, actual costs, plus for a knowing or reckless violation a civil penalty of the greater of $5,000 or $20 per instance of failed notification, capped at $250,000.
• Expect a data-security-program violation to be treated as a violation of General Business Law section 349, letting the Attorney General seek an injunction and civil penalties on that separate basis.

N.Y. Gen. Bus. Law section 899-bb (Article 39-F, added by L. 2019, ch. 117 (S5575-B/A5635-B), section 4) · Read the law's page

• This binds any person or business that owns, licenses, or maintains computerized data including the private information of a New York resident; a business already a compliant regulated entity under Gramm-Leach-Bliley Act Title V regulations, HIPAA and HITECH regulations, or 23 NYCRR Part 500 (the New York Department of Financial Services cybersecurity regulation for a financial-services licensee) is deemed to comply.
• Absent that safe harbor, develop, implement, and maintain a data security program with reasonable administrative safeguards (a designated coordinator, a risk assessment, employee training, vetted service-provider contracts, and periodic adjustment), reasonable technical safeguards (assessing network and software design risk, detecting and responding to attacks, and testing controls), and reasonable physical safeguards (securing storage and disposal and limiting access during and after collection).
• A small business, fewer than 50 employees, under $3,000,000 in gross annual revenue in each of the last three fiscal years, or under $5,000,000 in year-end total assets, may scale its program's administrative, technical, and physical safeguards to its own size, complexity, and the sensitivity of the personal information it collects.
• There is no private right of action; only the Attorney General may enforce this section, as a deemed violation of General Business Law 349, seeking injunctive relief and a civil penalty of up to $5,000 per violation under General Business Law 350-d.

N.Y. Gen. Bus. Law art. 39-FF, §§ 899-ee to 899-mm (2024 N.Y. Laws ch. 121) · Read the law's page

• If you operate a website, online service, application or connected device that you actually know is used by a minor under 18, or that is primarily directed to minors, do not process that user's personal data, or let a processor or third-party operator process or collect it, unless the user is 12 or younger and the processing is permitted under 15 U.S.C. § 6502, or the user is 13 or older and the processing is strictly necessary for a purpose the article lists or you have the user's informed consent (Section 899-ff(1) and (2)).
• Ask for informed consent separately from any other transaction, with no design that obscures or impairs the user's decision, state that the processing is not strictly necessary and that the user may decline without losing use of the service, and make the option to refuse the most prominent option (Section 899-ff(3)(a)).
• Let a user revoke consent at any time as easily as it was given, and after a refusal or revocation do not ask again for the same processing for the following calendar year (Section 899-ff(3)(b) and (c)).
• Do not withhold, degrade, lower the quality of or raise the price of a product, service or feature because you did not obtain parental consent or informed consent, unless the processing is strictly necessary to provide it (Section 899-ff(4)).
• Do not purchase or sell a covered user's personal data, or allow a processor or third-party operator to do so (Section 899-ff(5)).
• Within thirty days of determining or being told that a user is a covered user, delete the user's personal data that you may not keep, direct your processors to delete it, and notify any third-party operator you know received it (Section 899-ff(6)).
• Before you disclose personal data to a third-party operator, or let one collect it, tell it when your service is primarily directed to minors or when the data concerns a covered user (Section 899-ff(7)).
• Do not disclose a covered user's personal data to a third party, or let one process it, without a written, binding agreement that sets out the nature and purpose of the processing, the instructions for using or further disclosing the data, and each party's rights and obligations (Section 899-gg(1)).
• Treat a user as a covered user where the user's device signals that the user is or shall be treated as a minor, and follow a device's clear and unambiguous signal about consent (Section 899-ii).
• When you learn that a user is no longer a covered user, stop processing the user's personal data that the article would otherwise restrict until you obtain informed consent, and notify the user that the article's protections no longer apply (Section 899-hh).