New York's Digital Fairness Act: Safeguarding Personal Information and Promoting Fairness

The Digital Fairness Act in New York, also known as Senate Bill 2277, is a proposed legislation that aims to protect personal information by requiring businesses that conduct business in New York and maintain personal information of 500 or more individuals to provide clear and concise notice about their use of personal information. The bill also limits the personal information that can be collected and requires businesses to secure information and share it only with authorised parties.

Additionally, the bill prohibits discriminatory processing of personal information, including in areas such as employment, finance, healthcare, and housing. It prohibits processing biometric information and surreptitious surveillance by consumer devices. The bill also provides for a private right of action for consumers whose rights are violated.

The bill also requires all governmental entities, before acquiring or deploying automated decision systems, submit such automated decision systems for a civil rights audit conducted by a neutral third party. And it provides individuals subjected to automated decision-making which affects their human rights or liberty, with notice of the decision made, the involvement of automated decision-making, and an opportunity to contest the decision and seek human review of it.

Furthermore, the bill requires the New York Office of State Assessment to update both Elementary/Intermediate and Regents-level curriculum to teach digital literacy and digital privacy. The bill is currently under review by the New York Senate Internet and Technology Committee.

In conclusion, the Digital Fairness Act in New York is a proposed legislation that aims to protect personal information and promote fairness for individuals by requiring businesses that conduct business in New York and maintain personal information of 500 or more individuals to provide clear and concise notice about their use of personal information, limit the personal information that can be collected, and secure the information shared only with authorized parties.

Businesses should consider the potential impacts of this bill on their operations and ensure compliance with the proposed regulations. This may include reviewing and updating their data collection, storage, and sharing practices, as well as reviewing their automated decision systems to ensure compliance with the civil rights audit requirement. It's also important for businesses to be aware of the prohibition on discriminatory processing of personal information and the potential for private right of action for consumers whose rights are violated.

In addition, businesses should also be aware of the provisions for digital literacy education and make sure that their employees are equipped with the knowledge and skills necessary to understand and comply with the regulations. The passage of this bill would be a significant step forward in protecting personal information and promoting fairness in New York and it's important for businesses to be aware of and prepare for the potential changes.