Your rights · New York
Privacy & online
New York is a one-party consent state for recording, protects your name and likeness from commercial use, requires notice of data breaches, and federal law limits robocalls and texts.
Recording calls, use of your photo or name, data breaches, robocalls and texts, online harassment.
Your rights
What you're entitled to, who qualifies, how much and by when — each right with the section of law behind it.
- Robocalls and spam texts: your rights under the TCPA and New York lawThe federal Telephone Consumer Protection Act (TCPA) bans most calls to cell phones made with an autodialer or a prerecorded or artificial voice…
- Data breaches in New York: your right to be notified and what to do nextUnder New York's General Business Law § 899-aa, a business that owns or licenses computerized private information about New York residents must…
Questions people ask
A short, straight answer to one question, with the source.
- QuestionCan you record a phone call in New York without telling the other person?Yes, if you are part of the conversation. New York is a 'one-party consent' state: under the Penal Law, eavesdropping means recording or listening in…
- QuestionSomeone used your photo or name without permission in New York: what can you do?New York protects your name, portrait, picture, likeness and voice from being used for advertising or trade without your written consent (Civil…
The official sources on this topic
Every page here rests on statutes, regulations and government sites. These are the ones that come up most on this topic:
- N.Y. Penal Law(opens in a new tab)
- N.Y. Civil Practice Law and Rules(opens in a new tab)
- N.Y. General Business Law(opens in a new tab)
- Federal Wiretap Act, 18 U.S.C. § 2511(opens in a new tab)
- Telephone Consumer Protection Act, 47 U.S.C. § 227(opens in a new tab)
- FCC telemarketing and robocall rules, 47 C.F.R. § 64.1200(opens in a new tab)
When you need an answer about your own situation
These pages explain the general rules. A first answer about your own situation is free; the full check confirms every legal point against the statute it cites, and a letter is written only on top of it.