The Missing Foundation: Why New York Must Pass Comprehensive Data Privacy in 2026
For years, lawmakers in Albany have worked to keep up with a fast-changing digital world. Some of these debates have resulted in new laws, others are ongoing. And while we don’t always agree about the best way to write a law, we all share the same goal: to protect New Yorkers in an increasingly tech-driven world.
But as the 2026 legislative session begins, New York is still missing the most basic building block needed to do that job well — a comprehensive data privacy law.
It is time for New York to finally prioritize passing legislation that brings us in line with over 20 other states. This wouldn’t be merely another tech bill; it would be the essential foundation for every other digital protection New York seeks to provide.
Instead of setting clear rules for how personal data can be collected, used, and shared, the state has historically tried to tackle tech issues one at a time. Without a data privacy baseline, every new tech law passed in Albany is merely a band-aid.
New York has often thought itself as a pioneer in tech policy, but in the realm of privacy, we have fallen behind. As of today, 20 states have adopted comprehensive data privacy frameworks, which are already in effect, demonstrating a proven model to protect the data of Americans.
By failing to act, New York risks further becoming a regulatory island, surrounded by a sea of states that have already figured out how to balance innovation with individual rights. This creates a “protection gap” where New Yorkers have fewer rights over their digital footprints than residents of nearly half the country.
In the absence of a federal standard, it is more important than ever for New York to align with this emerging national model. Interoperability isn’t just a buzzword; it’s a matter of consumer clarity and the kind of clear and consistent frameworks that allow businesses to thrive.
New Yorkers should have the same fundamental rights whether they are shopping online from a company based in Colorado, Connecticut, or right here in the Empire State. Fragmented rules hurt consumers, creating “consent fatigue” as people click through endless, inconsistent disclosures without ever feeling truly protected.
When New York’s laws align with those of other states, we reduce confusion for everyone. Consumers gain clear, predictable protections, and businesses gain a straightforward roadmap for responsible data practices. These laws are not experimental, they follow a proven framework, and rely on strong enforcement by state Attorneys General.
A neighborhood bakery in Brooklyn or a software startup in Buffalo shouldn’t need a team of lawyers to navigate a different set of definitions for “personal data” or unique requirements. When New York strays from standards already adopted by other states, it effectively imposes a “New York compliance tax” on homegrown businesses.
Data privacy is essential as artificial intelligence becomes embedded in daily life, especially for small businesses. AI runs on vast amounts of personal data, often collected without clear transparency. Without a statewide privacy law, New York lacks the foundation to ensure AI operates responsibly. You can’t regulate how an algorithm “thinks” without first regulating the data it “eats.” Strong privacy protections replace today’s reactive, “whack-a-mole” approach with a clear, trust-based framework for innovation.
The challenges of 2026, whether it be dynamic pricing or the handling of sensitive health data, cannot be solved in silos. They all stem from the same root problem: the largely unregulated collection and use of personal information.
By passing a comprehensive data privacy bill this year, the Legislature can provide a much needed foundation on which all future tech policy can be built. This isn’t just about compliance; it’s about competitiveness. Businesses want to grow where the rules are clear, and New Yorkers want to live in a state where their digital identities aren’t quietly sold to the highest bidder without their knowledge. Let’s stop chasing the shadows of emerging technology and finally address the substance. It’s time for New York to lead again.
Julie Samuels, President and CEO of Tech:NYC
