New York Proposes the Digital Fairness Act

If passed, entities that process the PI of 500 or more unique individuals must obtain explicit, informed opt-in consent to process PI (consent cannot be inferred from an interaction or use of a product or service), allow individuals to opt-out of processing at any time, and are prohibited from targeted advertising based on an individual’s personal characteristics (e.g., race, sex, ethnicity), processing biometric information without prior written notice and consent, or using an automated decision system without first conducting an impact assessment.

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