New York Governor Andrew Cuomo recently announced new data privacy laws as state lawmakers plan to double down on data privacy and protection in 2021. The first proposed law, the New York Privacy Act (NYPA), plans to require companies that gather large amounts of data to disclose the reason for needing the data. It will also allow New York citizens to have control and access over the collected data about them. The NYPA also requires that businesses pay duties when they collect personal data. Lastly, the NYPA includes the requirement of “opt-in” consent for data subjects instead of the typical “opt out” option.
In addition to the NYPA, a Biometric Privacy Act (NY BPA) is also being considered, which would require businesses collecting biometric information to inform the subject of the collection, the data’s intended use, and storage procedures. A written release from the subject is also required under this proposed law. NY BPA isn’t officially a law yet but many officials are pushing for it in 2021 after multiple widespread data breaches in 2020. Although federal data privacy laws won’t arise in the near future, it’s important that states like New York take action and protect their citizens and their data.
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