Section 394-G - Geofencing of health care facilities1. 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.N.Y. Gen. Bus. Law § 394-G
Added by New York Laws 2023, ch. 57,Sec. U-2, eff. 7/2/2023.