NY State Senate Bill 2009-S4144

Senate Bill S4144

2009-2010 Legislative Session

Creates a temporary state commission on personal privacy and provides for its powers, functions and duties; appropriation

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	reported and committed to rules
Jan 06, 2010	referred to finance
Jun 23, 2009	print number 4144a
Jun 23, 2009	amend (t) and recommit to finance
Apr 14, 2009	referred to finance

Votes

- Jun 15, 2010 - Finance Committee Vote
  S4144
  
  23
  
  Aye
  
  0
  
  Nay
  
  10
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 15, 2010
      
      aye (23)
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Johnson
      
      Klein
      
      Kruger
      
      Leibell
      
      Marcellino
      
      Montgomery
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      aye wr (10)
      
      DeFrancisco
      
      Krueger
      
      LaValle
      
      Larkin
      
      Maziarz
      
      Nozzolio
      
      Padavan
      
      Peralta
      
      Saland
      
      Volker

Bill Amendments

Original

A (Active)

2009-S4144 - Details

Current Committee:: Senate Rules
Law Section:: Appropriations
Versions Introduced in 2011-2012 Legislative Session:: S3680

2009-S4144 - Summary

Creates a temporary state commission on personal privacy, in light of the rapid advancement of technology in recent years, and provides for its powers, functions and duties; provides that said commission shall undertake a comprehensive study of the condition of personal privacy in the state and how best to protect it; directs the commission to report its findings and recommendations to the governor and the legislature.

2009-S4144 - Sponsor Memo

                                 BILL NUMBER:  S4144

 TITLE OF BILL :
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; making an appropriation therefor and providing for
the repeal of such provisions upon expiration thereof


 PURPOSE OR GENERAL IDEA OF BILL :
To establish a temporary state commission on personal privacy to study
personal privacy and to make recommendations as to how privacy might
be better protected.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one of the bill finds that personal privacy is a matter of
serious public concern and needs to be carefully studied.

Section two of the bill establishes a temporary state commission on
personal privacy.

Sections three, four, five and six, deal respectively with the
commission's employees, powers, members' compensation and access to
governmental resources.

Section seven sets forth the subjects that the commission shall
address.

Section eight requires the commission to report by January 1, 2000.
Section nine continues the commission's existence until March 31,
2000.

Section ten appropriates $150,000 for the Commission's work.

Section eleven sets the law's effective date at August 1, 2001, and
sunsets the law on March 31, 2003.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
There is no comprehensive privacy protection law at either the federal
or state level. Neither is any federal or state agency charged with
the overall responsibility for protecting, or even understanding,
personal privacy.

 JUSTIFICATION :
Technological change is dramatically and rapidly changing how much
privacy people have. Computers collect, record, match and disseminate
information in ways that profoundly affect privacy.  Other
technologies as varied as sophisticated video surveillance equipment
and DNA testing are also having a dramatic impact. No state or federal
agency has the responsibility for protecting, or even understanding,
personal privacy in a comprehensive way. Traditionally federal and
state law has treated privacy not as a comprehensive whole, but rather
in fragments such as medical privacy, telephone privacy, or credit
card privacy. The new technologies may be rendering the traditional
legal categories irrelevant as personal dossiers are collected in
computer data banks.  At the very least, governments should understand
the facts and issues involved in what is happening. And, government
should not wait until the changes to privacy have become a fait
accompli. This bill would ensure that the State of New York meets its
responsibilities to protect its individuals' privacy, and that the
State does so in a considered and thoughtful manner.

 FISCAL IMPLICATIONS :
The bill appropriates $150,000 for the commission's work.

 EFFECTIVE DATE :
This act shall take effect August 1, 2003.

2009-S4144 - Bill Text download pdf

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

                                  4144

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 14, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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; making an appropriation therefor and providing for the repeal
  of such provisions upon expiration thereof

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

  Section 1. Legislative findings. New  York  historically  has  been  a
leader in protecting the personal privacy of its citizens. Today govern-
mental  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 threats to the privacy of individuals. Computers'
ability to collect, collate,  and  transmit  personal  data  means  that
isolated  pieces of information on an individual can now be put together
in profiles of the individual. Privacy questions are also  arising  from
other  new  technologies as varied as visual monitoring devices, and new
kinds of medical and genetic testing. There is no comprehensive  federal
or  state  law  governing  personal privacy, nor is any federal or state
agency charged with the overall responsibility  of  protecting  individ-
uals'  privacy.  A  thorough  understanding  of  the  current 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. Privacy commission. a. A temporary  state  commission  is  hereby
created to be known as "the commission on personal privacy". The commis-
sion  shall  consist  of  eight members to be appointed as follows:  two
members shall be  appointed  by  the  governor;  two  members  shall  be
appointed  by the temporary president of the senate; one member shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11157-01-9

S. 4144                             2

appointed by the minority leader of the senate;  two  members  shall  be
appointed  by  the  speaker  of  the  assembly;  and one member shall be
appointed by the minority leader  of  the  assembly.  Vacancies  in  the
membership  of  the commission and among its officers shall be filled in
the manner provided for  original  appointments.  The  commission  shall
select from its membership a chairperson and a vice-chairperson.
  b. No member, officer or employee of the commission shall be disquali-
fied from holding any other public office or employment, nor shall he or
she  forfeit  any  such  office  or  employment  by reason of his or her
appointment hereunder, notwithstanding the provisions  of  any  general,
special or local law, charter, code, ordinance, regulation or rule.
  S  3.  The commission may employ and at pleasure remove such personnel
as it may deem necessary for the performance of its  functions  and  fix
their compensation within the amounts made available therefor.
  S  4. The commission may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative  commit-
tee pursuant to the legislative law.
  S  5.  The members of the commission shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties hereunder.
  S 6. To the maximum extent feasible, the commission shall be  entitled
to  request  and  receive  and  shall  utilize and be provided with such
facilities, resources, and data  of  any  court,  department,  division,
board,  bureau,  commission,  or  agency  of  the state or any political
subdivision thereof as it may reasonably request to carry  out  properly
its powers and duties hereunder.
  S  7.    The  commission  shall undertake a comprehensive study of the
condition of personal privacy in the state, and how best to protect  it.
The  study  shall include, but not be limited to, the following matters:
factual information on the current  and  foreseeable  state  of  privacy
intrusions, and the collection and distribution of personal information;
the  personal  data  practices  of  governmental agencies and commercial
enterprises; the level of citizen concern about  personal  privacy;  the
scope  and  effectiveness  of federal and state privacy protection laws;
the advisability of generally applicable privacy principles;  the  roles
of  the  federal and state governments, as well as industry self-regula-
tion, in protecting privacy; and legislative proposals to protect priva-
cy.
  S 8. The commission shall make a report to the governor and the legis-
lature of its findings, conclusions, and recommendations no  later  than
January  1,  2011,  and  shall  submit  with its report such legislative
proposals as it deems necessary to implement its recommendations.
  S 9. The sum of one hundred fifty thousand dollars ($150,000),  or  so
much  thereof  as  may  be  necessary, is hereby appropriated to pay the
expenses including personal service, in carrying out the  provisions  of
this  act.  Such  moneys shall be payable out of the state treasury from
the general fund to the credit of the state purposes account after audit
by and on the warrant of the  comptroller  upon  vouchers  certified  or
approved  by  the chairperson or vice-chairperson of the temporary state
commission on personal privacy in the manner prescribed by law.
  S 10. This act shall take effect August 1, 2009 and shall expire March
31, 2011, when upon such date the provisions of this act shall be deemed
repealed.

2009-S4144A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Appropriations
Versions Introduced in 2011-2012 Legislative Session:: S3680

2009-S4144A (ACTIVE) - Summary

2009-S4144A (ACTIVE) - Sponsor Memo

2009-S4144A (ACTIVE) - Bill Text download pdf

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

                                 4144--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 14, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.
                                                           LBD11157-05-9

S. 4144--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.

S. 4144--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.

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