Data Privacy Rights in New York
Written in plain language for general understanding. This is educational content, not legal advice. Content is researched from federal statutes, state codes, and official government sources. Each article is reviewed for accuracy before publication. Our editorial process
What is this right?
The United States does not have a single comprehensive federal data privacy law like the EU's GDPR. Instead, privacy is protected through a patchwork of federal sector-specific laws and an expanding number of state privacy laws. Several states — led by California — have passed comprehensive consumer privacy laws giving you the right to know what data companies collect about you, to delete it, and to opt out of its sale.
At the federal level, key privacy laws include HIPAA (health data), FERPA (education records), COPPA (children under 13), GLBA (financial data), and the FTC Act (unfair or deceptive practices). For general consumer data — your browsing history, purchase history, location data, and online behavior — state laws provide the most protection.
When does it apply?
Your data privacy rights apply when:
- A company collects, stores, or sells your personal data — including name, email, phone, location, browsing history, and purchase history
- You want to know what data a company has about you
- You want a company to delete your personal data
- You want to opt out of the sale or sharing of your personal data
- A company experiences a data breach that exposes your information
State privacy laws (as of 2026):
- California (CCPA/CPRA): The strongest state privacy law. Right to know, delete, opt out of sale/sharing, correct inaccurate data, and limit use of sensitive data. Applies to businesses with $25M+ revenue, data on 100,000+ consumers, or 50%+ revenue from data sales. Enforced by the California Privacy Protection Agency.
- Colorado, Connecticut, Virginia, Texas, Oregon, Montana, and 10+ other states have passed comprehensive privacy laws with varying effective dates through 2026. Most include rights to access, delete, correct, and opt out.
- States without privacy laws: If your state doesn't have a comprehensive privacy law, your primary protection is the FTC's authority to pursue "unfair or deceptive" data practices.
Common misconceptions:
- "I have no privacy rights because there's no federal privacy law" — While there's no comprehensive federal law, sector-specific federal laws and state laws provide significant protections depending on the type of data and where you live.
- "If a service is free, they can do anything with my data" — No. Companies must disclose their data practices in a privacy policy, and state laws may give you opt-out rights regardless of whether you paid for the service.
- "Deleting my account deletes my data" — Not necessarily. Companies may retain data for legal or business reasons. Under state privacy laws, you can submit a specific deletion request that the company must honor.
What should you do?
Step 1: Check whether your state has a comprehensive privacy law. If you are in California, Colorado, Connecticut, Virginia, Texas, or one of the other states with privacy laws, you have specific rights you can exercise.
Step 2: Submit a data access request to any company you want to know about. Most companies have a "Privacy" or "Do Not Sell My Information" link in their website footer. California residents can use the phrase "right to know" in their request.
Step 3: Opt out of data sales. Under California law and similar state laws, companies must provide a clear mechanism to opt out. Look for "Do Not Sell or Share My Personal Information" links.
Step 4: If your data was exposed in a breach, check whether your state requires the company to notify you and offer credit monitoring. Most states have breach notification laws.
Step 5: File complaints with your state attorney general (most state privacy laws are enforced by the AG) or with the FTC at reportfraud.ftc.gov. California residents can also file with the California Privacy Protection Agency.
What should you NOT do?
Don't ignore data breach notifications. If a company tells you your data was compromised, take it seriously. Change passwords, enable two-factor authentication, and monitor your credit.
Don't accept cookies without thinking. Many websites use cookie banners that default to accepting all tracking. Choose "Reject All" or customize your settings to limit data collection.
Don't assume privacy policies protect you. Most privacy policies are written to maximize what the company can do with your data, not to protect you. Read the sections on data sharing, third parties, and your rights.
Don't pay for data removal services without researching them. Some data removal services charge fees for actions you can take yourself for free under state law. Submit your own requests first.
How New York differs from federal law
New York does not yet have a comprehensive consumer privacy law like California's CCPA, but provides significant protections through targeted statutes:
- SHIELD Act (Gen. Bus. Law §§ 899-aa, 899-bb): The Stop Hacks and Improve Electronic Data Security Act requires any business holding private information of NY residents to implement reasonable data security safeguards (administrative, technical, and physical). Also expanded breach notification requirements and broadened the definition of private information to include biometric data, email/password combinations, and account security questions.
- Breach notification: Under the SHIELD Act, businesses must notify affected NY residents of data breaches in the most expedient time possible. Notification must also be sent to the NY AG, Division of State Police, and Department of State if more than 500 residents are affected.
- NY AG enforcement under § 349: The Attorney General uses Gen. Bus. Law § 349 (deceptive business practices) as a powerful tool to pursue companies with inadequate privacy practices or deceptive data collection, even without a dedicated privacy statute.
- Biometric privacy: While NY lacks a standalone biometric privacy law like Illinois' BIPA, NYC enacted the Biometric Identifier Information Law (NYC Admin. Code § 22-1201 et seq.) prohibiting commercial establishments from selling biometric data and requiring disclosure of biometric collection.
Additional Steps in New York
Report data breaches or privacy concerns to the NY Attorney General at ag.ny.gov or call (800) 771-7755. For NYC biometric privacy violations, contact the NYC Department of Consumer and Worker Protection (DCWP). File complaints about inadequate data security with the NY Division of Consumer Protection at (800) 697-1220.
Relevant Law: NY Gen. Bus. Law §§ 899-aa, 899-bb (SHIELD Act), NY Gen. Bus. Law § 349 (deceptive practices), NYC Admin. Code § 22-1201 et seq. (Biometric Identifier Information Law)
Common Questions
When does data privacy rights apply?
Your data privacy rights apply when:A company collects, stores, or sells your personal data — including name, email, phone, location, browsing history, and purchase historyYou want to know what data a company has about youYou want a company to delete your personal dataYou want to opt out of the sale or sharing of your personal dataA company experiences a data breach that exposes your informationState privacy laws (as of 2026):California (CCPA/CPRA): The strongest state privacy law. Right to know, delete, opt out of sale/sharing, correct inaccurate data, and limit use of sensitive data. Applies...
What should I do about data privacy rights?
Step 1: Check whether your state has a comprehensive privacy law. If you are in California, Colorado, Connecticut, Virginia, Texas, or one of the other states with privacy laws, you have specific rights you can exercise.Step 2: Submit a data access request to any company you want to know about. Most companies have a "Privacy" or "Do Not Sell My Information" link in their website footer. California residents can use the phrase "right to know" in their request.Step 3: Opt out of data sales. Under California law and similar state laws, companies must provide a clear mechanism to opt out. Look for...
What mistakes should I avoid with data privacy rights?
Don't ignore data breach notifications. If a company tells you your data was compromised, take it seriously. Change passwords, enable two-factor authentication, and monitor your credit.Don't accept cookies without thinking. Many websites use cookie banners that default to accepting all tracking. Choose "Reject All" or customize your settings to limit data collection.Don't assume privacy policies protect you. Most privacy policies are written to maximize what the company can do with your data, not to protect you. Read the sections on data sharing, third parties, and your rights.Don't pay for da...
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