Res. No. 771

Resolution calling upon the New York State Governor to sign S.929/A.2141, which, having been passed by both the New York State Senate and the New York State Assembly, would extend protections over personal health information.

By Council Members Bottcher, Hanif, Hudson, Cabán and Louis

Whereas, The federal law known as the Health Insurance Portability and Accountability Act (HIPAA), enacted in 1996, was designed to protect patients’ personal health data that is collected and shared within traditional healthcare settings, such as hospitals and doctors’ offices; and

Whereas, According to the New York City Civil Liberties Union (NYCCLU), private companies collect and sell consumer health related data that have been mined through electronic applications, such as wearable devices and other digital platforms, without consumer consent, thereby failing to afford individuals protections or compensation for use of their personal health data; and

Whereas, S.929, sponsored by New York State Senator Liz Krueger, and companion bill A.2141, sponsored by New York State Assemblymember Linda Rosenthal, would make it illegal to sell a person’s regulated health information without their explicit written consent or unless it meets an enumerated purpose as outlined in the legislation, such as complying with the regulated entity’s legal obligations; and

 Whereas, On January 22, 2025, the New York State Legislature passed S.929/A.2141, known as the New York Health Information Privacy (NYHIP) Act, and delivered the legislation to the Governor’s desk for her signature; and

Whereas, If signed into law, in addition to  prohibiting the sale of health information to a third party without consent, NYHIP would allow individuals the right to access and delete their information through a mechanism to revoke authorization for personal health information that has already been sold; and

Whereas, Once passed, the law would allow the New York State Attorney General to enforce the law through civil penalties; and

Whereas, The current federal administration has stated unequivocally its intention to eliminate access to abortion and “erase transgender people from public life” by rescinding previously FDA-supported, gender-affirming therapies such as hormone therapies and puberty blockers; and

Whereas, According to Presidential Executive Order 14187 entitled Protecting Children from Chemical and Surgical Mutilation, the administration has vowed to prioritize investigations and take appropriate action to end gender-affirming care they refer to as “child-abusive practice by so-called sanctuary States” and “facilitate stripping custody from parents who support the healthy development of their own children, including by considering the application of the Parental Kidnaping Prevention Act and recognized constitutional rights”; and

Whereas, In an attempt to eliminate access to healthcare including reproductive freedom such as abortion and gender-affirming healthcare services, the current federal administration has drastically cut federal funding for reproductive health and gender affirming care services; and

                     Whereas, According to lawmakers and advocates, most users do not have an understanding of how much of their medical information is being collected, stored, or sold for the benefits of third-parties; and

Whereas, For example, a mobile application to track menstrual cycles was recently found to be selling user data to an antiabortion advocacy organization; and

Whereas, In order to ensure medical data is not unknowingly being used against New Yorkers, including those persons who are seeking gender-affirming care and reproductive healthcare services; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the New York State Governor to sign S.929/A.2141, which, having been passed by both the New York State Senate and the New York State Assembly, would extend protections over personal health information.

CD

LS #18673

2/21/25