BILL NUMBER: S9097
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the general business law, in relation to banned members
of social referral services
 
PURPOSE:
This bill protects the safety of online dating app users while ensuring
protection of their data.
 
SUMMARY OF PROVISIONS:
Section one amends Subdivisions 1, 6, and 10 of section 394-C of the
General Business Law. In subdivision 1 the definition of "banned
members" is amended and a new definition for "contract and consumer
records" is added.
Subdivision 6 is amended by providing a clear time period by which
consumer data must be deleted pursuant to the provisions of this subdi-
vision and by clarifying that limited data may be retained for the
narrow purpose of identifying banned users and preventing such users
from creating a new account. Subdivision 6 is additionally amended to
provide that contract and customer service records may be retained for a
period no longer than six years in order to preserve data that may be
subject to a legal matter.
Subdivision ten is amended to clarify that its provisions apply to
banned members subject to fraud bans.
Section two sets the effective date to be effective immediately.
 
JUSTIFICATION:
Historically, Section 394-C of the General Business Law was solely
applicable to "social referral services" or matchmaking services, where
personally identifying information was traded on paper. Recently, there
have been strides made to modernize this body of law to protect the
privacy and safety of users participating in online dating. The law was
recently amended to protect users against catfishing and financial fraud
by requiring online dating sites to disclose certain information to its
users who were in contact with a user using a fake identity and solicit-
ing money. It further requires personal user data to be destroyed by the
online dating service after the expiration of services rendered, with
limited exceptions.
This bill intends to clarify that these vital provisions protecting
consumers were not intended to prevent an online dating service from
protecting users from harmful conduct and enforcing user bans.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9097: 394-c general business law, 394-c(1) general business law, 394-c(6) general business law, 394-c(10) general business law