senate Bill S5554

Amended

Bans the use of employer data reports

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 20 / May / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 24 / May / 2013
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 24 / May / 2013
    • PRINT NUMBER 5554A
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Bans the sale of employment data reports without written consumer consent; provides such employment data reports shall include, but not be limited to, payroll and earnings information, hours worked, consumer history and health insurance information.

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Bill Details

See Assembly Version of this Bill:
A6790
Versions:
S5554
S5554A
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Rel §380-u to be §380-v, add §380-u, Gen Bus L

Sponsor Memo

BILL NUMBER:S5554

TITLE OF BILL: An act to amend the general business law, in relation
to banning the sale of employment data reports

PURPOSE OR GENERAL IDEA OF BILL:

Bans the sale of employment data reports

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Section 380-u of the article is relettered section 380-v,
and a new section 380-u is added.

Section 380-u(a) is added to ban the sale of employment data reports
by consumer reporting agencies without written consumer consent in a
separate stand-alone document, This section also adds what is included
in employment data reports, such as payroll and earning information,
hours an employee has worked, consumer history and health insurance
information.

Section 380-u(b) charges the Attorney General with the enforcement of
this law, This section also includes a civil penalty of 2,000 dollars
for each violation of this statute to be imposed on the consumer
reporting agencies.

Section 380-u(c) allows for a private cause of action to be commenced
by any person injured by the violation of this section.

Section 2: Contains the effective date.

JUSTIFICATION:

The "Work Number" provides employment data reports, and is operated by
TALX Corporation, which is owned by the credit reporting agency
Equifax. The "Work Number" permits companies to outsource payroll and
human resource functions and maintains information on at least 30% of
the U.S. working population.

According to an NBC News report, Equifax has been selling employment
reports, including detailed health insurance and payroll information,
to third parties, such as debt collectors and other financial services
corporations. This is an invasion of consumers' and employees'
privacy. Moreover, many employees are unaware of this sale of their
detailed payroll information to third parties. This legislation would
prohibit consumer reporting agencies from selling employment data
reports to third parties.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect on the one hundred eightieth day after it
shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5554

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 20, 2013
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in  relation  to  banning  the
  sale of employment data reports

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 380-u of the general business law,  as  relettered
by chapter 63 of the laws of 2006, is relettered section 380-v and a new
section 380-u is added to read as follows:
  S  380-U.  SALE OF EMPLOYMENT DATA REPORTS.  (A) NO CONSUMER REPORTING
AGENCY SHALL SELL OR RESELL, OR OFFER FOR SALE OR RESALE  OR  DISTRIBUTE
EMPLOYMENT  DATA  REPORTS  TO  THIRD  PARTIES  WITHOUT  WRITTEN CONSUMER
CONSENT IN A SEPARATE STAND-ALONE DOCUMENT.    SUCH  EMPLOYMENT  REPORTS
SHALL  INCLUDE, BUT NOT BE LIMITED TO, PAYROLL AND EARNINGS INFORMATION,
HOURS WORKED, CONSUMER HISTORY AND HEALTH INSURANCE INFORMATION.
  (B) WHEREVER THERE SHALL BE A VIOLATION OF THIS SECTION,  AN  APPLICA-
TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDICTION  BY  A
SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE  CONTIN-
UANCE  OF  SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING
AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION.  IN  CONNECTION  WITH  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08805-07-3

S. 5554                             2

SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE
PROOF AND MAKE A DETERMINATION  OF  THE  RELEVANT  FACTS  AND  TO  ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  (C) IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL DAMAGES OR ONE THOUSAND DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
SUCH  ACTIONS.  THE  COURT  MAY, IN ITS DISCRETION, AWARD THE PREVAILING
PLAINTIFF IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND
DOLLARS, IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  VIOLATED  THE
PROVISIONS  OF  THIS  SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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