N.Y. GBS Law § 394-F — New York Code / Act GBS / Article 26 / Section 394-F
Warrants for electronic data related to legally protected health activities
Status: in_force

§ 394-f. Warrants for electronic data related to legally protected\nhealth activities. 1. For the purposes of this section, the following\nterms shall have the following meanings:\n  a. "Electronic communication" means any transfer of signs, signals,\nwriting, images, sounds, data, or intelligence of any nature transmitted\nin whole or in part by a wire, radio, electromagnetic, photoelectronic\nor photo-optical system; provided, however, such term shall not include:\n  i. any telephonic or telegraphic communication.\n  ii. any communication made through a tone only paging device.\n  iii. any communication made through a tracking device consisting of an\nelectronic or mechanical device which permits the tracking of the\nmovement of a person or object.\n  iv. any communication that is disseminated by the sender through a\nmethod of transmission that is configured so that such communication is\nreadily accessible to the public.\n  b. "Electronic communication services" means any service which\nprovides to users thereof the ability to send or receive wire or\nelectronic communications.\n  c. "Gender-affirming care" shall have the same meaning as defined by\nsection 570.17 of the criminal procedure law.\n  d. "Legally protected health activity" shall have the same meaning as\ndefined by section 570.17 of the criminal procedure law.\n  e. "Prohibited violation" means any investigation or proceeding that\nseeks to impose civil or criminal liability, professional sanctions, or\nany other legal consequences upon a person for any legally protected\nhealth activity, unless such proceeding i. sounds in tort or contract;\nii. is actionable, in an equivalent or similar manner, under the laws of\nthis state; and iii. was brought by the person who received reproductive\nhealth care or gender-affirming care, or the person's legal\nrepresentative, provided the person has given express consent unless\nexpress consent is not feasible due to their injury or death.\n  f. "Reproductive health care" shall have the same meaning as defined\nby section 570.17 of the criminal procedure law.\n  2. Any person or entity that is headquartered or incorporated in New\nYork that provides electronic communications services to the general\npublic, when, in New York, served with a warrant issued by another state\nto produce records in New York that would reveal the identity of the\ncustomers using those services, data stored by or on behalf of the\ncustomers, the customers' usage of those services, the recipient or\ndestination of communications sent to or from those customers, or the\ncontent of those communications, shall not produce those records when\nthe corporation knows that the warrant relates to an investigation into,\nor enforcement of, a prohibited violation.\n  3. Any person or entity that is headquartered or incorporated in New\nYork may comply with a warrant as described in subdivision two of this\nsection if the warrant is accompanied by an attestation made by the\nentity seeking the records that the evidence sought is not related to an\ninvestigation into, or enforcement of, a prohibited violation.\n  4. The attorney general may commence a civil action or special\nproceeding to enforce the provisions of this section.\n