New York 2025-2026 Regular Session

New York Senate Bill S05434

Introduced
2/21/25  
Refer
2/21/25  

Caption

Enacts the "data economy labor compensation and accountability act"; establishes the office of consumer data protection for the purpose of properly safeguarding personal data; imposes a tax on data controllers and data processors required to register with such office.

Summary

Bill S05434, known as the "data economy labor compensation and accountability act," aims to establish a framework for the protection of personal consumer data in New York. It creates the Office of Consumer Data Protection, which will oversee the compliance of data controllers and processors with new regulations regarding the collection and use of personal data. The bill also introduces a tax on the gross receipts of these entities, intended to redistribute wealth generated from consumer data back to the individuals whose data is being utilized. This tax is designed to incentivize companies to limit data collection and enhance consumer protections.

Impact

The enactment of this bill will significantly alter the landscape of data privacy and economic accountability in New York. It introduces a regulatory body that will enforce compliance with data protection standards, requiring data controllers and processors to register and report their data operations. The tax on gross receipts will create a new revenue stream for the state and aims to mitigate the exploitation of consumer data, ensuring that consumers receive fair compensation for their contributions to the data economy.

Sentiment

The sentiment surrounding Bill S05434 appears to be cautiously optimistic, with support stemming from advocates for consumer rights and data privacy. However, there are concerns from industry stakeholders about the potential financial burden the tax may impose on businesses, particularly smaller data processors and controllers who may struggle to comply with the new regulations.

Contention

Notable points of contention include the implications of the new tax on businesses, particularly those that are newly established or have lower gross receipts. Critics argue that the tax could stifle innovation and disproportionately affect smaller companies. Additionally, there are concerns about the administrative burden placed on businesses to comply with the registration and reporting requirements set forth by the Office of Consumer Data Protection.

Companion Bills

No companion bills found.

Previously Filed As

NY SB1815

personal data; consumers; controllers; requirements

NY SF2150

Chief law enforcement officers addition to the definition of a public official for purposes of personnel data access

NY S09088

Requires the registration of data brokers; imposes regulations upon data brokers; establishes a data deletion mechanism for consumers; imposes penalties upon data brokers for violations of the law.

NY S2602

"New Jersey Disclosure and Accountability Transparency Act (NJ DaTA)"; establishes certain requirements for disclosure and processing of personally identifiable information; establishes Office of Data Protection and Responsible Use in Division of Consumer Affairs.

NY A1360

"New Jersey Disclosure and Accountability Transparency Act (NJ DaTA)"; establishes certain requirements for disclosure and processing of personally identifiable information; establishes Office of Data Protection and Responsible Use in Division of Consumer Affairs.

NY A09642

Requires the registration of data brokers; imposes regulations upon data brokers; establishes a data deletion mechanism for consumers; imposes penalties upon data brokers for violations of the law.

NY HB268

Information Technology - Establishment of the Office of Enterprise Data and State Chief Data Officer and Collaboration With Agency Data Officers

NY HB0268

Information Technology - Establishment of the Office of Enterprise Data and State Chief Data Officer and Collaboration With Agency Data Officers

NY HB78

Providing for consumer data privacy, for duties of controllers and for duties of processors; and imposing penalties.

NY SB112

Providing for consumer data privacy, for duties of controllers and for duties of processors; and imposing penalties.

Similar Bills

No similar bills found.