Bill > S04270

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" (using collected data to predict consumer characteristics for targeted advertising), "personally identifiable information" (data that can directly identify a person), and "advertising network" (entities 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 them to provide clear opportunities for consumers to opt-out of data collection. Additionally, advertising networks must post conspicuous privacy policy notices on their websites, explaining their data collection and use practices. The bill mandates that these networks make reasonable efforts to protect collected data from misuse or unauthorized access. Enforcement is provided through the attorney general, who can bring actions against violators, seeking injunctions and recovering up to $250 per instance of improper data collection, with potential treble damages for persistent violators. The underlying motivation for the bill is to address growing privacy concerns in the digital age, giving consumers more control over their personal information and protecting them from potential privacy breaches. The act will take effect 180 days after becoming law.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/S4270