New York Invasion of Privacy LawPrivacy has been a major concern globally since the advent of the internet. We are constantly under threat from hackers and cyber miscreants trying to cause harm in any way they could. Globally, we have different laws in place to deter such mishaps. Many large conglomerates have fallen and come under siege due to such issues which led to major repercussions in a largely negative manner.
There are several companies working to ensure privacy is given the utmost importance. One such example is Apple which takes privacy very seriously and even stood against the government to stand for it. Facebook was in the news for all the wrong reasons citing privacy issues. Owing to such hazards, GDPR was implemented in 2018 across the EU and EEA areas.
Invasion of Privacy Law: New York
New York takes its laws very seriously and invasion of privacy is an offense in the state. Privacy concerns have come up again and again in some form or the other. There is even an urban legend very famous about the government keeping tabs on the public looking out for any sort of ambiguity or anomaly in the day to day activities.
New York first enacted the Personal Privacy Protection Law in 1984 to acknowledge public concerns about privacy and the relationship between the government and the people. The law is intended to protect the people’s privacy by regulating the methods in which the state collects or maintains the public’s personal information. Generally, the law states that:
- You have the rights to access your own records maintained by the state;
- You have the rights to rectify any wrong data about you which may be wrong or irrelevant’;
- No access to any third party to your records unless it’s necessary and relevant plus the third party is verified by the government and adheres to all the regulations needed;
- In case of a third party accessing your data, they are obligated to tell you all the details about why they need it, how will they use it, the maintenance of the data and if not complied with, what penalties they might impose on you;
- You are protected against any disclosure of personal information without your consent except in circumstances where your data is absolutely needed by the law
- Any third party is prohibited from storing your personal data in any secret data bank that dies not have full disclosure with the government
There is a committee on Open Government, which is a unit of the Department of the State that helps under the Freedom of Information and Open Meetings laws. It is also authorized to advise individuals about their rights of access to records subject to the Personal Privacy Protection Law. The committee is obligated to maintain a database of all systems with regards to the data stored by state agencies.
New York Civil Rights Law also has been instated for a similar purpose, the focus, however, is more on identity theft or misuse. Invasion of privacy laws in any sense is an offense. The sections 50 and 51 of the Civil Rights Law in New York are applicable when any person or organization use any living individual’s name, picture or voice for any kind of business transaction without their written consent or in some cases a minor using his/her parent/guardian’s identity causing an invasion of privacy laws New York. Section 51 is applicable when the victim of the privacy breach wants to sue for damages caused if any including exemplary damages in case the breach was intentional.