Duty LXD-6034
Publishes adult content, in New York
Stop Hacks and Improve Electronic Data Security (SHIELD) Act, data security program dutysince 4 lines
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.
Unlawful dissemination or publication of an intimate image (digitization amendment)since 1 line
N.Y. Penal Law § 245.15 · Read the law's page
- Do not intentionally disseminate or publish a still or video image, including one created or altered by digitization, that depicts a person's intimate parts or sexual conduct without that person's consent and with intent to cause them emotional, financial or physical harm.
Private right of action for unlawful dissemination or publication of a sexually explicit depiction (digital replica)since 1 line
N.Y. Civ. Rights Law § 52-c · Read the law's page
- Do not disclose, disseminate or publish sexually explicit material depicting an identifiable person that was created or altered through digitization, including by artificial intelligence or machine learning, unless that person consented in the manner this section requires.