IAPP: Moving beyond notice and choice to welcome a fiduciary standard

Starting off the year with a bang, the New York State Legislature reintroduced the New York Privacy Act, Assembly Bill 8680, a carbon copy of a bill from the previous legislative session. In many respects, the bill borrows heavily from its coastal companion, the California Privacy Rights Act, as it includes requirements for consumer rights, transparency, deidentification and anti-discrimination.

However, one of the newer and less-talked-about provisions is the requirement for data controllers to apply a fiduciary duty standard to the consumer data they process.

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