Bill > A03087

This bill establishes the Online Consumer Protection Act, which aims to safeguard consumer privacy in online advertising by implementing several key protections. The bill defines important terms such as "online preference marketing" (targeted advertising based on collected data), "personally identifiable information" (data that can directly identify an individual), "publisher" (website owners), and "advertising network" (companies collecting online consumer activity for ad delivery). The legislation prohibits publishers and advertising networks from collecting personally identifiable information for marketing purposes without consumer consent, and requires that consumers be given an opportunity to opt-out of data collection for marketing purposes. Advertising networks must also post clear and conspicuous notices about their privacy policies and data collection practices on their websites, and publishers contracted with these networks must similarly disclose information collection practices. The bill mandates that advertising networks make reasonable efforts to protect collected data from misuse or unauthorized access. Enforcement is provided through the Attorney General, who can bring actions to stop violations and can seek up to $250 per instance of improper data collection, with potential treble damages for repeated violations. The underlying motivation for the bill is to address growing privacy concerns in the internet age, giving consumers more control over their personal data and protecting them from potentially invasive tracking technologies.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/A3087