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Financial Services Law Insights and Observations

District Court temporarily halts enforcement of New York’s user data-sharing ordinances

Privacy/Cyber Risk & Data Security Courts New York State Issues Consumer Protection

Privacy, Cyber Risk & Data Security

On December 27, the U.S. District Court for the Southern District of New York issued a stipulation and order in a consolidated action, temporarily reprieving three delivery app companies from complying with New York City’s Administrative Code §§ 20-847.3 and 20-563.7 (collectively, “the ordinances”). The amended complaint contends that the ordinances “create an unconstitutional, privacy-infringing, data-disclosure requirement pursuant to which third-party food-ordering and delivery platforms. . . must divulge, against their will, sensitive, proprietary customer information,” including full names, phone numbers, email addresses, delivery addresses, and order contents to New York City restaurants “regardless of whether that restaurant maintains any security infrastructure, and regardless of whether the customer has expressly consented to their personal information being so shared.” According to the plaintiffs, the ordinances “state that customers are presumed to have consented to this dangerous flow of their information unless they specifically opt out for each and every order they place, contrary to the common view that opt-out requests should be valid for at least several months.” The plaintiffs allege, among other things, that the ordinances are preempted by New York State’s Right of Privacy and violate delivery app companies’ First Amendment rights.

Notably, while New York City “has agreed to stay enforcement of the Challenged Laws pending final determination by this Court resolving, or disposing of, this action in exchange for Plaintiff’s agreement not to file a motion for a preliminary injunction,” the stipulation and order is not an indefinite agreement to stop enforcement of the ordinances.

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