N.Y. Senate Passes Privacy, Mobile Coverage Bills

The New York Privacy Act passed the state Senate without the private right of action from the original S-365 (see 2304250063). The Senate voted 46-15 Thursday to send the measure to the Assembly. Also, the Senate voted 62-0 to send the Assembly S-6318, which would require the New York Public Service Commission to map mobile coverage and reliability across the state and then make a plan to ensure reliable coverage statewide (see 2305160033). The latest version of S-365 sets parameters for state attorney general action, which is how most other state privacy laws are enforced. Consumer Reports withdrew its support and is now officially “neutral” on the bill, policy analyst Matthew Schwartz emailed Friday. “Among numerous other changes, the amendments removed automated decisionmaking rights, weakened the definition of biometric information, carved out nonprofits, weakened risk assessments, and inserted a loyalty program carveout.” Microsoft supports the New York Privacy Act, a spokesperson said. "We will continue working with sponsors in both houses and stakeholders to pass comprehensive privacy legislation." CTIA opposed the mobile mapping bill in a letter Wednesday. SB-6318 “would unnecessarily duplicate efforts by the [FCC] to comprehensively map and regularly update mobile wireless coverage throughout the country,” said the wireless industry association: New York should instead seek to reduce local government barriers to wireless deployment. “If the bill contemplates directing the PSC to mandate wireless deployment in specific areas or regulate wireless rates, such measures would be preempted by federal law,” CTIA warned.