S T A T E O F N E W Y O R K
________________________________________________________________________
8156--A
2009-2010 Regular Sessions
I N A S S E M B L Y
May 6, 2009
___________
Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
tee on Consumer Affairs and Protection -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT in relation to creating a temporary state commission on personal
privacy to examine and assess the privacy of individuals in the state
of New York and to make recommendations relative to the protection
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. New York state historically has been a leader in protecting
the personal privacy of its citizens. Today governmental agencies and
commercial firms are constantly gathering and distributing more and more
detailed information on the personal lives of the citizens of New York.
The rapid advancement in technology in recent years has created new
potential threats to the privacy of individuals. The ability to collect,
collate, and transmit personal data using information technology now
allows isolated pieces of information on an individual to be compiled
into profiles of the individual. No comprehensive federal or state law
governs personal privacy, nor is any federal or state agency charged
with the sole responsibility of identifying personal privacy problems
that need to be addressed and encouraging the development and enactment
of policies aimed at protecting individuals' privacy. A thorough under-
standing of the potential dangers to personal privacy is necessary in
order that the legislature may take the appropriate steps to protect the
privacy of the state's citizens at this pivotal point in time.
S 2. A temporary state commission is hereby established to be known as
the "commission on personal privacy". The role of the commission
includes, but is not limited to:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11157-04-9
A. 8156--A 2
(a) assessing the level of citizen concern about personal privacy and,
to the extent possible, the incidence of privacy intrusions suffered by
New York citizens;
(b) examining the practices of state and local governmental agencies
and businesses related to the collection, storage, and distribution of
personal information and assessing the potential privacy issues associ-
ated with such collection, storage and distribution;
(c) assessing the scope and effectiveness of existing federal and
state privacy protection laws and self-regulatory efforts undertaken by
businesses in protecting personal privacy;
(d) recommending appropriate legislative and administrative reforms
relating to state systems that collect and maintain personal information
of employees, public retirees and other persons to ensure that personal
information is not subject to misappropriation; and
(e) recommending appropriate legislation relating to the collection,
storage, and distribution of personal information by businesses to
ensure that personal information is not subject to misappropriation.
S 3. The commission shall make a report to the governor and the legis-
lature of its findings, conclusions, and recommendations no later than
November 1, 2011, and shall submit with its report such legislative
proposals as it deems necessary to implement its recommendations.
S 4. The commission shall consist of a total of fifteen members and
shall include the chairperson of the consumer protection board, the
secretary of state, the director of the office for technology, and the
attorney general, or a designee of any of said officers. The remaining
eleven, at-large members shall be appointed as follows: three shall be
appointed by the governor; three shall be appointed by the temporary
president of the senate and one by the minority leader of the senate;
three shall be appointed by the speaker of the assembly and one by the
minority leader of the assembly. One each of the appointments of the
governor, temporary president of the senate, and the speaker of the
assembly shall be a member, officer, or employee of a consumer advocacy
organization. One of the appointments of the governor shall be a
member, officer, or employee of a statewide association representing and
advocating for the interests of businesses. One of the appointments of
the governor shall be a member, officer, or employee of a statewide
association representing and advocating for the interests of local
governments. One of the appointments of the speaker of the assembly
shall be an individual who has conducted academic research on personal
privacy protection. One of the appointments of the speaker of the assem-
bly shall be a member, officer, or employee of a manufacturer of systems
used by state and local governments to electronically store data. One of
the appointments of the temporary president of the senate shall be a
member, officer, or employee of a statewide trade association represent-
ing the health care industry. One of the appointments of the temporary
president of the senate shall be a member, officer, or employee of a
statewide trade association representing financial institutions. An
organization shall be considered a consumer advocacy organization if it
advocates for enhanced consumer protection in the marketplace, educates
consumers, and researches and analyzes consumer issues, including
consumers' right to privacy.
S 5. The chairperson of the consumer protection board shall serve as
chairperson of the commission. The commission may consult with any
organization, educational institution, governmental agency, or person.
A. 8156--A 3
S 6. The members of the commission shall serve without compensation,
except that at-large members shall be allowed their necessary and actual
expenses incurred in the performance of their duties under this act.
S 7. The consumer protection board shall provide the commission with
such facilities, assistance, and data as will enable the commission to
carry out its powers and duties. Additionally, all other departments or
agencies of the state or subdivisions thereof shall, at the request of
the chairpersons, provide the task force with such facilities, assist-
ance, and data as will enable the commission to carry out its powers and
duties.
S 8. This act shall take effect immediately.