US-New YorkCan a website track my online activity in New York without disclosure?
Yes, websites can track your online activity in New York without disclosure unless they collect 'personal identifying information' under NY Civil Rights Law § 50-e or fall under specific privacy laws like the SHIELD Act.
What the Law Says
New York does not have a comprehensive consumer privacy law requiring websites to disclose tracking (e.g., cookies or analytics) before collection—unlike California’s CCPA. However, certain statutes impose limited obligations depending on the data collected and how it’s used.
The New York Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), effective March 21, 2020, expands data security and breach notification requirements—but it does not mandate pre-collection notice or consent for general online tracking.
NY Civil Rights Law § 50-e prohibits the use of a person’s name, portrait, or picture for advertising or trade purposes without written consent. However, this applies only to commercial appropriation—not routine web analytics or behavioral tracking.
The SHIELD Act defines 'private information' as personal data combined with a Social Security number, driver’s license number, account number, credit/debit card number (with security code), biometric data, or user credentials. Tracking that doesn’t involve such data falls outside its scope.
Importantly, the SHIELD Act requires businesses to implement 'reasonable' administrative, technical, and physical safeguards for private information—but it does not require disclosure of tracking practices to users.
Statutory TextAny person or business that owns or licenses computerized data which includes private information shall develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of the private information
— NY Gen. Bus. Law § 899-ii(2) — Safeguards Requirement
Statutory TextPrivate information means: (i) a name, in combination with any one or more of the following data elements… [including] social security number, driver's license number… account number… biometric information…
— NY Gen. Bus. Law § 899-aa(4) — Definition of Private Information
Statutory TextIt shall be unlawful for any person, firm or corporation… to use for advertising purposes… the name, portrait or picture of any living person without first obtaining a written consent
— NY Civil Rights Law § 50-e — Unauthorized Use of Name or Likeness
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.