§ 394-G — Geofencing of health care facilities

§ 394-g. Geofencing of health care facilities. 1. For the purposes of\nthis section, the following terms shall have the following meanings:\n a. "Digital advertisement" means any communication delivered by\nelectronic means that is intended to be used for the purposes of\nmarketing, solicitation, or dissemination of information related,\ndirectly or indirectly, to goods or services provided by the digital\nadvertiser or a third party.\n b. "Geofencing" means a technology that uses global positioning system\ncoordinates, cell tower connectivity, cellular data, radio frequency\nidentification, Wi-Fi data and/or any other form of location detection,\nto establish a virtual boundary of one thousand eight hundred fifty feet\nradius or less or "geofence" around a particular location that allows a\ndigital advertiser to track the location of an individual user and\nelectronically deliver targeted digital advertisements directly to such\nuser's mobile device upon such user's entry into the geofenced area.\nThis shall also include the process of identifying whether a device\nenters, exits, or is present within a geographic area through the use of\nany information stored, transmitted, or received by the device,\nincluding but not limited to latitude, longitude, internet protocol\naddress, wireless internet access information, cell tower connectivity,\ndevice identification information and/or other forms of location data.\n c. "Health care facility" means any governmental or private entity\nthat provides medical care or related services, including but not\nlimited to, those who provide such care pursuant to article twenty-eight\nof the public health law or licensed under article thirty-one,\nthirty-two or sixteen of the mental hygiene law, including the building\nor structure in which the facility is located.\n d. "User" means a natural person who owns or uses a mobile device or\nany other connected electronic device capable of receiving digital\nadvertisements.\n 2. It shall be unlawful for any person, corporation, partnership, or\nassociation to establish a geofence or similar virtual boundary around\nany health care facility, other than their own health care facility, as\ndefined pursuant to paragraph c of subdivision one of this section, for\nthe purpose of delivering by electronic means a digital advertisement to\na user, for the purpose of building consumer profiles, or to infer\nhealth status, medical condition, or medical treatment of any person at\nor within such health care facility, and it shall be unlawful for any\nperson, corporation, partnership, or association to deliver by\nelectronic means any digital advertisement to a user at or within any\nsuch health care facility, other than their own health care facility,\nthrough the use of geofencing or similar virtual boundary.\n