"A recently enacted New York State law requires businesses that algorithmically set prices using customers' personal data to disclose that. According to the law, personal data includes any data that can be "linked or reasonably linked, directly or indirectly, with a specific consumer or device." The law doesn't require businesses to explicitly state what information about a person or device is being used or how each piece of information affects the final price a customer sees."
"The law also requires that the disclosure is "clear and conspicuous." Target's disclosure is not the easiest to find-a customer would have to know to click the "i" icon next to the price of an item, then scroll to the bottom of the pop-up. In the past, the courts have held that it's not always reasonable to assume that a customer will click on "more information" links when it's not required."
Target displays different online prices for identical items depending on customer location, with examples showing a carton of eggs at $1.99 near Rochester and $2.29 in Manhattan's Tribeca. New York State requires businesses that algorithmically set prices using customers' personal data to disclose that practice. Personal data is defined broadly to include any data linkable to a consumer or device. The law does not require disclosure of which data points are used or how they affect prices and includes a carve-out for mileage-based rideshare fares. Target's disclosure is accessible only via an "i" icon and a pop-up, and the company did not explain what personal data was used.
Read at WIRED
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