- United States
- N.Y.
- Letter
I'm writing to ask you to sponsor and pass legislation protecting New Yorkers from the unregulated trade in our location data.
Right now, companies called data brokers can buy, sell, and resell records of where we go — anywhere with a credit card, including government agencies. This isn't hypothetical. Location data harvested from ordinary apps has been used to track people visiting health clinics, identify attendees at political protests, and even locate U.S. service members overseas. Data has surfaced showing how easy it is to follow someone's daily routine, right up to the door of a church, a doctor's office, or an immigration law clinic. New Yorkers deserve better than a market where anyone with a credit card can rent our movements.
Five states have already acted. Connecticut, Maryland, New Jersey, Oregon, and Virginia have passed laws banning the sale of precise geolocation data, and several require companies to get real consent before collecting it. Maryland's law goes further, saying companies can only process this data when it's strictly necessary to provide a service the customer actually asked for.
If New York passes a law of its own, I'd ask that it include four things. First, a ban on selling precise geolocation data. Second, meaningful consent requirements for collecting and using it — not fine print, but a clear, informed yes from the person whose location is at stake. Third, a genuine private right of action, because a privacy law without the ability for individuals to sue is a law without teeth, and relying only on the Attorney General leaves most violations unaddressed. Finally, a real prohibition on pay-for-privacy schemes, so companies can't simply charge people extra to keep their movements private.
Governor Hochul's veto of the health information privacy bill last year makes it clear this issue needs fresh attention. Location data is among the most sensitive information that exists about us. Please don't wait for Congress to act.
Thank you for your consideration.