Step aside, California: the proposed New York Privacy Act (NYPA), S. 5642/A. 8526, 2019-20 Reg. Sess. (N.Y. 2019), if enacted in its current form, will be even more expansive than California’s Consumer Privacy Act (CCPA), providing consumers with even greater control over their personal information, while at the same time being much more onerous for businesses to comply with.

The bill was expected to be voted on this legislative term, but due to the shift in priorities for the Legislature as a result of the 2019 coronavirus pandemic, it was set aside. However, the pandemic has also brought to the surface privacy issues in the public health arena, with emerging fears that there is a lag between the protection of individuals’ private data and the use of technology. This may revive efforts to enact privacy laws at the state level, or a federal privacy law that may preempt state laws.

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