New Yorkers beware

Comparitech finds wide berth for firms to use, sell New Yorkers’ private information

A watchdog group reviewed state laws, found little to protect online privacy./

The personal information and online browsing habits of New Yorkers aren’t as protected as they could be, according to an analysis of state digital privacy laws.

The consumer advocate website Comparitech identified gaping holes in the state’s laws that could give companies a wide berth in how they use and sell private information, enable employers to monitor their employees’ internet use without warning, and allow law enforcement agencies to access certain data without a warrant.

The analysis credits California with taking the most proactive approach to data security, while determining New York had only a handful of important protections, including limitations on how schools can use pupil data and requirements for companies to dispose of customer data at a certain point.

But a handful of Democratic state lawmakers are working to update New York ’s laws for the 21st century with a comprehensive piece of legislation they hope will be addressed next year.

“It ’s imperative that the law catches up to the reality of what tech is capable of. We’re light years behind,” said Assemblywoman Linda Rosenthal, a Manhattan Democrat.

Rosenthal and Sen. Kevin Thomas, a Long Island Democrat, sponsored the New York Privacy Act, which is being heralded by consumer advocates as a bold step and decried by tech companies as unworkable. The legislation — introduced too late for action this year — would require companies to delete personal data on demand, allow consumers to opt out of thirdparty data sharing arrangements and ensure consumers know what data is being collected by companies, according to Comparitech, which identified these issues as important protections.

“It ’s a consumer bill of rights,” said Rosenthal.

The proposal would be a radical change for the orientation of tech companies, as it would impose a fiduciary duty to consumers that would be greater than their obligations to company shareholders or firms that purchase data. Rosenthal contended that new requirements are needed because tech companies, such as Facebook and Twitter, have no interest in the needs of the consumers.

“It ’s time to put the consumers first,” she said.

During a June hearing on the New York Privacy Act, a representative from the Internet Association, which represents online giants including Amazon and Google, warned that the bill would negatively impact the online experience of New Yorkers, bankrupt businesses and do little to protect personal information.

Rosenthal also carries bills imposing a moratorium on the collection of biometric data, such as a hand print, and expanding the digital privacy rights of students.

Legislation requiring internet service providers to obtain explicit consent to share customer data passed the state Senate this year, but wasn’t even introduced in the Assembly. Verizon and Medtronic, a medical technology company, are both registered to lobby on the bill, but neither responded to questions about their interest in the issue.