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NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations

The failure of NYPA to pass is not exceptionally noteworthy. What is noteworthy, however, is that it marks an escalation of data privacy protections and restrictions not seen in other major regulatory regimes, whether in the United States or abroad. And since most believe its failure to pass was due more to the end-of-session rush than its contents, don't be surprised if it pops up again in January 2022.

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The most recent New York state legislative session was a busy one in relation to data protection. Specifically, in the 2021 session, the New York legislature considered no fewer than four major data protection proposals, including an analog to the California Consumer Privacy Act (CCPA), an analog to the Illinois Biometric Information Privacy Act, and the Governor’s New York Data Accountability and Transparency Act budget proposal, which encompassed a number of privacy related reforms and a consumer data privacy “bill of rights.”

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