New York Laws
Article 26 - Miscellaneous
394-G - Geofencing of Health Care Facilities.

§ 394-g. Geofencing of health care facilities. 1. For the purposes of
this section, the following terms shall have the following meanings:

a. "Digital advertisement" means any communication delivered by
electronic means that is intended to be used for the purposes of
marketing, solicitation, or dissemination of information related,
directly or indirectly, to goods or services provided by the digital
advertiser or a third party.

b. "Geofencing" means a technology that uses global positioning system
coordinates, cell tower connectivity, cellular data, radio frequency
identification, Wi-Fi data and/or any other form of location detection,
to establish a virtual boundary of one thousand eight hundred fifty feet
radius or less or "geofence" around a particular location that allows a
digital advertiser to track the location of an individual user and
electronically deliver targeted digital advertisements directly to such
user's mobile device upon such user's entry into the geofenced area.
This shall also include the process of identifying whether a device
enters, exits, or is present within a geographic area through the use of
any information stored, transmitted, or received by the device,
including but not limited to latitude, longitude, internet protocol
address, wireless internet access information, cell tower connectivity,
device identification information and/or other forms of location data.

c. "Health care facility" means any governmental or private entity
that provides medical care or related services, including but not
limited to, those who provide such care pursuant to article twenty-eight
of the public health law or licensed under article thirty-one,
thirty-two or sixteen of the mental hygiene law, including the building
or structure in which the facility is located.

d. "User" means a natural person who owns or uses a mobile device or
any other connected electronic device capable of receiving digital
advertisements.

2. It shall be unlawful for any person, corporation, partnership, or
association to establish a geofence or similar virtual boundary around
any health care facility, other than their own health care facility, as
defined pursuant to paragraph c of subdivision one of this section, for
the purpose of delivering by electronic means a digital advertisement to
a user, for the purpose of building consumer profiles, or to infer
health status, medical condition, or medical treatment of any person at
or within such health care facility, and it shall be unlawful for any
person, corporation, partnership, or association to deliver by
electronic means any digital advertisement to a user at or within any
such health care facility, other than their own health care facility,
through the use of geofencing or similar virtual boundary.

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