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the words Fiduciary Duty seen through eyeglasses (Photo: Shutterstock)

The proposed New York Privacy Act (NYPA), currently pending before the state legislature, could significantly contribute to the trend of stronger state data privacy laws appearing nationwide. While it has many core elements of other recent state data privacy legislation, such as California’s Consumer Privacy Act (CCPA), New York’s proposed law, however, goes substantially further—and it does so in several novel respects. In particular, the NYPA has a provision creating the “data fiduciary,” by which entities collecting and controlling data would owe fiduciary duties to the individuals from which the data was collected (commonly referred to as data subjects).

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