NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9377
SPONSOR: Shimsky TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 1 of the constitution, in relation to adding a right to
privacy
PURPOSE OR GENERAL IDEA OF BILL:
THIS BILL WOULD AMEND THE NEW YORK STATE CONSTITUTION TO EXPLICITLY
GUARANTEE A FUNDAMENTAL RIGHT TO PRIVACY FOR ALL NEW YORKERS. BY ESTABL-
ISHING.A CLEAR CONSTITUTIONAL STANDARD, THIS AMENDMENT AFFIRMS THAT
PERSONAL PRIVACY IS A CORE CIVIL LIBERTY AND ENSURES THAT GOVERNMENT
ACTIONS INVOLVING PERSONAL DATA ARE SUBJECT TO THE HIGHEST LEVEL OF
SCRUTINY AND ACCOUNTABILITY.
SUMMARY OF PROVISIONS:
Section 1: Amends the New York State Constitution to include a privacy
amendment.
Section 2: Sets the enactment date.
JUSTIFICATION:
New Yorkers live in an era where vast amounts of personal information
are routinely collected, stored, and shared by government and private
entities, often through digital systems that did not exist when many of
our current constitutional protections were conceived. While existing
laws protect against certain aspects of search and seizure and data
security, they do not provide explicit protection for personal privacy
in the modern age. Residents remain vulnerable to government overreach,
improper access to sensitive personal data, and the long-term conse-
quences of data misuse.
An explicit constitutional right to privacy is necessary to close the
gap and ensure that civil liberties keep pace with technological change.
This amendment would provide strong, uniform protection across all state
agencies and give courts clear guidance when evaluating governmental
intrusions into private life.
PRIOR LEGISLATIVE HISTORY:
none
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
Effective after a vote of approval by the majority of voters in the
state of New York in the 2028 general election
STATE OF NEW YORK
________________________________________________________________________
9377
2025-2026 Regular Sessions
IN ASSEMBLY
December 19, 2025
___________
Introduced by M. of A. SHIMSKY -- read once and referred to the Commit-
tee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 1 of the constitution, in relation to
adding a right to privacy
1 Section 1. Resolved (if the Senate concur), That article 1 of the
2 constitution be amended by adding a new section 20 to read as follows:
3 § 20. The right of the people to privacy is recognized and shall not
4 be infringed. In applying this section, a court shall consider the
5 nature and extent of the information which may be obtained, if any, and
6 the nature and extent of the intrusion.
7 § 2. Resolved (if the Senate concur), That the foregoing amendment be
8 referred to the first regular legislative session convening after the
9 next succeeding general election of members of the assembly, and, in
10 conformity with section 1 of article 19 of the constitution, be
11 published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89130-02-5
