Int. No. 1442
By Council Members Moya, Gutiérrez and Louis
A Local Law to amend the administrative code of the city of New York, in relation to limiting the collecting and sharing of electronic monitoring data near health care facilities
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-187 to read as follows:
§ 10-187 Electronic monitoring around health care facilities. a. Definitions. For the purposes of this section, the following terms have the following meanings:
Electronic information collection. The term “electronic information collection” means the collection of identifying information on a person, or the electronic device of a person, through the use of technology, including geofencing, facial recognition, license plate readers, beacons, gait recognition or any similar technology, without the consent of such person.
Geofencing. The term “geofencing” means technology that establishes a virtual geographical boundary, including boundaries that are established or monitored through the use of: (i) global positioning technology; (ii) cell tower connectivity; (iii) cellular data; (iv) radio frequency identification; or (v) any other form of location determination technology.
Health care facility. The term health care facility means a hospital, nursing home or residential health care facility as such terms are defined in section 2801 of the public health law, or any facility or institution certified under article 31 of the mental hygiene law, as well as a reproductive health care facility as defined in section 10-1002.
b. No person shall engage in electronic information collection within a 750 foot radius of any health care facility for the purposes of identifying any person seeking services at such health care facility, provided that a health care facility may conduct such electronic information collection for the providing of its own services or security. Any identifying information collected as part of such electronic information collection by such health care facility shall not be shared, sold, or otherwise made available to any person without the written consent of the person or persons of whom such identifying information was collected, except where otherwise required by law or court order.
c. Any person that violates any provision of this section, or any rule promulgated pursuant to this section, shall be liable for a civil penalty of not more than $500 for a first violation and each additional violation occurring on the same day as the first violation. For each subsequent violation of this section issued on a different day within five years of the date of a first violation, there shall be a civil penalty of between $500 and $1,500 for each such violation. A proceeding to recover any civil penalty authorized by this section is returnable to any tribunal established within the office of administrative trials and hearings or within any agency of the city designated to conduct such proceedings.
d. The corporation counsel or such other persons designated by the corporation counsel may initiate in any court of competent jurisdiction any action or proceeding that may be appropriate or necessary for correction of any violation issued pursuant this section, including mandating compliance with the provisions of this section or such other relief as may be appropriate.
§ 2. This local law takes effect 180 days after it becomes law.
IB
LS #9403
8/5/25