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Can I use customer data for marketing purposes without violating privacy laws in New York? What are the requirements?

Using Customer Data for Marketing Purposes in New York

In New York, the use of customer data for marketing purposes is regulated by several laws, including the New York State Marketing Act [1.3]([5.1]:), the Target Marketing Prohibitions law [3.1]([4.1]:), and the Model Internet Privacy Policy law [5.1].

According to the Target Marketing Prohibitions law [3.1]([4.1]:), a manufacturer or distributor of a home-use medical diagnostic device shall not disclose to a marketer of goods or services or to a third party acting on behalf of any such marketer any personal identifiable information of a user for target marketing purposes without having first afforded such user the right to prohibit such disclosure. The law requires that the warranty registration card, owner’s registration card, or other similar form shall conspicuously disclose, if applicable, that a user’s personal identifiable information may be used for target marketing purposes and shall provide such user the opportunity to be excluded from any such target marketing list by means of a check-off box contained on the card or other similar form. Such notice shall include a pre-addressed postage-paid form by which a user can exercise the right to prohibit disclosure.

The Model Internet Privacy Policy law [5.1] requires state agencies that maintain state agency websites to adopt an internet privacy policy which shall, at a minimum, include the information required by the model internet privacy policy. Each state agency shall post its internet privacy policy on its website. Such posting shall include a conspicuous and direct link to such privacy policy. The model internet privacy policy specified by the office shall also be made available at no charge to other public and private entities.

Therefore, if you are a marketer or a third party acting on behalf of a marketer, you cannot use customer data for marketing purposes without the user’s consent. If you are a state agency, you must adopt an internet privacy policy that includes the required elements and post it on your website.

It is important to note that these laws apply to specific industries and entities. If you are not a manufacturer or distributor of a home-use medical diagnostic device or a state agency, other laws and regulations may apply to your use of customer data for marketing purposes.

Additionally, there are other laws in New York that regulate the use of customer data, such as the Data Security Protections law [4.1]. This law requires any person or business that owns or licenses computerized data which includes private information of a resident of New York to develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of the private information.

In summary, you cannot use customer data for marketing purposes without the user’s consent, and if you are a state agency, you must adopt an internet privacy policy that includes the required elements and post it on your website. Other laws and regulations may also apply to your use of customer data for marketing purposes, such as the Data Security Protections law.

Source(s):
Jurisdiction

New York