Enacts the "autism data privacy protection act" which provides data protection for persons with autism.
Summary
This bill would create the “autism data privacy protection act” by adding a new section to the Executive Law. It prohibits state agencies, boards, departments, commissions, political subdivisions, grantees, and contractors from collecting or disclosing personally identifiable autism-related information about a person without that person’s informed, written consent. The bill is aimed at protecting the privacy of individuals with autism and limiting the sharing of sensitive disability-related data by government entities and their partners.
The bill includes exceptions for disclosures made in response to court orders, service delivery needs, or other lawful mandates, so long as the agency or contractor takes steps to limit and anonymize the data. It also authorizes the Attorney General to enforce the law by seeking injunctions and civil penalties of up to $2,500 per violation, with each affected person treated as a separate violation. The measure would take effect immediately upon enactment.
Impact
The bill would amend the New York Executive Law to impose new privacy restrictions on the handling of autism-related personal information by state and local government entities and their contractors or grantees. It would create a new enforcement mechanism through the Attorney General and expose violators to civil penalties, while also requiring agencies to balance privacy with court-ordered disclosures, service delivery, and other legal obligations. The practical effect would be to tighten confidentiality rules around disability-related data and potentially require agencies to revise data collection, sharing, and record-handling practices.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes, the measure appears to be framed positively as a privacy-protection bill for people with autism. Its stated purpose suggests support for stronger safeguards around sensitive personal information, and there is no documented opposition in the provided materials. The overall tone is protective and rights-focused rather than controversial.
Contention
The main points of potential contention are the scope of the consent requirement and how it would operate alongside existing government functions. Agencies, grantees, and contractors may be concerned about compliance burdens, record-sharing limits, and whether the bill’s exceptions for service delivery needs and lawful mandates are sufficiently clear. Another possible issue is enforcement, since the Attorney General could seek penalties for each person whose information was disclosed, which may raise concerns about liability exposure for public entities and their partners.
Provides that the civil service commission may determine that one in every thirty-six positions with duties which can be performed by persons with autism spectrum disorder.
Provides that the civil service commission may determine that one in every thirty-six positions with duties which can be performed by persons with autism spectrum disorder.