N.Y. General Business Law § 394-f: Warrants for electronic data related to legally protected health activities

§ 394-f. Warrants for electronic data related to legally protected

health activities. 1. For the purposes of this section, the following

terms shall have the following meanings:

a. "Electronic communication" means any transfer of signs, signals,

writing, images, sounds, data, or intelligence of any nature transmitted

in whole or in part by a wire, radio, electromagnetic, photoelectronic

or photo-optical system; provided, however, such term shall not include:

i. any telephonic or telegraphic communication.

ii. any communication made through a tone only paging device.

iii. any communication made through a tracking device consisting of an

electronic or mechanical device which permits the tracking of the

movement of a person or object.

iv. any communication that is disseminated by the sender through a

method of transmission that is configured so that such communication is

readily accessible to the public.

b. "Electronic communication services" means any service which

provides to users thereof the ability to send or receive wire or

electronic communications.

c. "Gender-affirming care" shall have the same meaning as defined by

section 570.17 of the criminal procedure law.

d. "Legally protected health activity" shall have the same meaning as

defined by section 570.17 of the criminal procedure law.

e. "Prohibited violation" means any investigation or proceeding that

seeks to impose civil or criminal liability, professional sanctions, or

any other legal consequences upon a person for any legally protected

health activity, unless such proceeding i. sounds in tort or contract;

ii. is actionable, in an equivalent or similar manner, under the laws of

this state; and iii. was brought by the person who received reproductive

health care or gender-affirming care, or the person's legal

representative, provided the person has given express consent unless

express consent is not feasible due to their injury or death.

f. "Reproductive health care" shall have the same meaning as defined

by section 570.17 of the criminal procedure law.

2. Any person or entity that is headquartered or incorporated in New

York that provides electronic communications services to the general

public, when, in New York, served with a warrant issued by another state

to produce records in New York that would reveal the identity of the

customers using those services, data stored by or on behalf of the

customers, the customers' usage of those services, the recipient or

destination of communications sent to or from those customers, or the

content of those communications, shall not produce those records when

the corporation knows that the warrant relates to an investigation into,

or enforcement of, a prohibited violation.

3. Any person or entity that is headquartered or incorporated in New

York may comply with a warrant as described in subdivision two of this

section if the warrant is accompanied by an attestation made by the

entity seeking the records that the evidence sought is not related to an

investigation into, or enforcement of, a prohibited violation.

4. The attorney general may commence a civil action or special

proceeding to enforce the provisions of this section.