N.Y. General Business Law § 394-g: Geofencing of health care facilities

§ 394-g. Geofencing of health care facilities. 1. For the purposes of

this section, the following terms shall have the following meanings:

a. "Digital advertisement" means any communication delivered by

electronic means that is intended to be used for the purposes of

marketing, solicitation, or dissemination of information related,

directly or indirectly, to goods or services provided by the digital

advertiser or a third party.

b. "Geofencing" means a technology that uses global positioning system

coordinates, cell tower connectivity, cellular data, radio frequency

identification, Wi-Fi data and/or any other form of location detection,

to establish a virtual boundary of one thousand eight hundred fifty feet

radius or less or "geofence" around a particular location that allows a

digital advertiser to track the location of an individual user and

electronically deliver targeted digital advertisements directly to such

user's mobile device upon such user's entry into the geofenced area.

This shall also include the process of identifying whether a device

enters, exits, or is present within a geographic area through the use of

any information stored, transmitted, or received by the device,

including but not limited to latitude, longitude, internet protocol

address, wireless internet access information, cell tower connectivity,

device identification information and/or other forms of location data.

c. "Health care facility" means any governmental or private entity

that provides medical care or related services, including but not

limited to, those who provide such care pursuant to article twenty-eight

of the public health law or licensed under article thirty-one,

thirty-two or sixteen of the mental hygiene law, including the building

or structure in which the facility is located.

d. "User" means a natural person who owns or uses a mobile device or

any other connected electronic device capable of receiving digital

advertisements.

2. It shall be unlawful for any person, corporation, partnership, or

association to establish a geofence or similar virtual boundary around

any health care facility, other than their own health care facility, as

defined pursuant to paragraph c of subdivision one of this section, for

the purpose of delivering by electronic means a digital advertisement to

a user, for the purpose of building consumer profiles, or to infer

health status, medical condition, or medical treatment of any person at

or within such health care facility, and it shall be unlawful for any

person, corporation, partnership, or association to deliver by

electronic means any digital advertisement to a user at or within any

such health care facility, other than their own health care facility,

through the use of geofencing or similar virtual boundary.