Move Over, CCPA? New York Considers Sweeping Data Privacy Law

New York's state legislature is considering a new data privacy law that would set the standard for data privacy in the U.S. The New York Privacy Act (the "NYPA" or the "Act"), which is currently being considered by the state Senate's Consumer Protection Committee, would provide New York consumers with a robust set of data privacy rights, would place fiduciary duties on businesses that control and process data, and would prevent businesses from using algorithms to profile consumers when making decisions that could significantly affect consumers. The Act also carries a robust enforcement mechanism that confers a private right of action on consumers. In several respects, the Act provides more protections for consumers, and imposes more responsibilities on businesses, than does its West-Coast counterpart, the California Consumer Privacy Act ("CCPA").