NY State Assembly Bill 2009-A11113

Archive: Last Bill Status - In Assembly 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	reported referred to codes
May 17, 2010	referred to consumer affairs and protection

co-Sponsors

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2009-A11113 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: General Business Law
Laws Affected:: Add §392-j, Gen Bus L; amd §170, Cor L
Versions Introduced in 2011-2012 Legislative Session:: A845

2009-A11113 (ACTIVE) - Summary

Relates to the processing of personal identifying information.

2009-A11113 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A11113

TITLE OF BILL:
An act
to amend the general business law and the correction law, in relation to
the processing of personal identifying information

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prohibit prison inmates from accessing,
collecting or performing data processing of personal identifying
information pertaining to New York State residents.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would prohibit the knowing use of any inmate
labor for the accessing, collection or processing of personal
identifying information of residents of New York State.

Section 2 would amend section 170 of the Correction Law to clarify
that the existing prohibition on contracting out any labor or time of
any inmate in any State or local correctional facility shall apply to
inmates engaged in whole or in part in obtaining access to,
collecting or processing personal identifying information pertaining
to a New York State resident.

JUSTIFICATION:
Advancements in computer science are having revolutionary impacts on

our lives. The information revolution has created exciting
opportunities for all of us. However, while instant access to more
information can have positive effects, this technology can also be
manipulated by those who want to take advantage of the unsuspecting.
Individuals are losing control over personal and sensitive
information and lifestyle data.

Most people are unaware of the fact that information concerning their
private lives and public records may pass through the fingers of
inmates. Some data companies, information brokers and others have
used prison inmates, including violent felons, to compile and enter
sensitive identifying information into databases.

In once instance, Metromail, which at the time was a prominent list
broker that possessed information on 90 percent of the nation's
households, used inmate labor to process survey data that was mailed
to post office boxes in New York and Nebraska. As a result, an Ohio
grandmother, who received a sexually graphic letter from a convicted
rapist at a Texas prison, and other New York plaintiffs participated
in a class action suit filed against the company.

Prisoner access to this type of information has led to incidents where
inmates have sent obscene and threatening letters to unsuspecting
people. In addition to this potentially dangerous consequence, prison
inmates gaining access to personal information can encourage or
promote identity theft and other criminal activities.

Besides the risks to public safety, or at least the perception of
such, and privacy concerns, this practice raises questions with
respect to the public policy of encouraging the development of the
types of jobs that should be held by tax-paying civilians. Prison
industries are intended to teach skills to inmates which will serve
them well when they are released. Given the sensitive nature of
personal information, most employers would be reluctant to employ
ex-offenders to be telemarketers and information specialists.

The public is making it increasingly clear that they are worried about
the wide distribution of personal information and what, ultimately,
others may do with this information or construe it to mean. Several
studies and surveys have revealed that consumers are very concerned
about this breach of privacy.

PRIOR LEGISLATIVE HISTORY:

Similar to:
2007-2008: A.69 - referred to Consumer Affairs and Protection
2005-2006: A.660 - referred to Consumer Affairs and Protection
2003-2004: A.5157 - referred to Consumer Affairs and Protection
2001-2002: A-5776/S.881 - reported to codes.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown.

EFFECTIVE DATE:
90 days following enactment.

2009-A11113 (ACTIVE) - Bill Text download pdf

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

                                  11113

                          I N  A S S E M B L Y

                              May 17, 2010
                               ___________

Introduced by M. of A. PHEFFER, MAISEL, REILLY, DelMONTE, STIRPE, CHRIS-
  TENSEN,   M. MILLER,   HIKIND,  MILLMAN,  KOON,  DINOWITZ,  ZEBROWSKI,
  P. RIVERA, GALEF -- Multi-Sponsored by -- M.  of  A.  ABBATE,  CRESPO,
  GABRYSZAK,  GIBSON,  GLICK, JOHN, V. LOPEZ, McENENY, SCHIMEL, SWEENEY,
  WEISENBERG -- read once and referred  to  the  Committee  on  Consumer
  Affairs and Protection

AN  ACT  to  amend  the  general business law and the correction law, in
  relation to the processing of personal identifying information

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

  Section 1. The general business law is amended by adding a new section
392-j to read as follows:
  S 392-J. PROCESSING PERSONAL IDENTIFYING INFORMATION; PROHIBITIONS. 1.
DEFINITIONS. AS USED IN THIS SECTION:
  (A)  "INMATE"  MEANS AN OFFENDER WHO IS COMMITTED UNDER SENTENCE TO OR
CONFINED IN A PENAL  OR  CORRECTIONAL  INSTITUTION,  INCLUDING  BUT  NOT
LIMITED TO A FACILITY FOR THE MENTALLY ILL OR MENTALLY DEFECTIVE.
  (B) "DATA SUBJECT" SHALL MEAN A NATURAL PERSON RESIDING IN THIS STATE.
  (C)  "PERSONAL  INFORMATION"  SHALL  MEAN ANY INFORMATION CONCERNING A
NATURAL PERSON WHICH, BECAUSE OF NAME, NUMBER, PERSONAL MARK,  OR  OTHER
IDENTIFIER, CAN BE USED TO IDENTIFY SUCH NATURAL PERSON.
  (D) "PERSONAL IDENTIFYING INFORMATION" SHALL MEAN PERSONAL INFORMATION
CONSISTING OF ANY INFORMATION IN COMBINATION WITH ANY ONE OR MORE OF THE
FOLLOWING  DATA  ELEMENTS,  WHEN  EITHER THE PERSONAL INFORMATION OR THE
DATA ELEMENT IS NOT ENCRYPTED, OR ENCRYPTED WITH AN ENCRYPTION KEY  THAT
IS  INCLUDED IN THE SAME RECORD AS THE ENCRYPTED PERSONAL INFORMATION OR
DATA ELEMENT:
  (1) SOCIAL SECURITY NUMBER;
  (2) DRIVER'S REGISTRATION NUMBER  OR  NON-DRIVER  IDENTIFICATION  CARD
NUMBER; OR
  (3)  MOTHER'S  MAIDEN NAME, FINANCIAL SERVICES ACCOUNT NUMBER OR CODE,
SAVINGS ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT NUMBER OR  CODE,  DEBIT
CARD NUMBER OR CODE, AUTOMATED TELLER MACHINE NUMBER OR CODE, ELECTRONIC
SERIAL NUMBER OR PERSONAL IDENTIFICATION NUMBER.

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

                                                           LBD17109-01-0

A. 11113                            2

  (E)  "PERSONAL  IDENTIFICATION  NUMBER"  SHALL MEAN ANY NUMBER OR CODE
WHICH MAY BE USED ALONE OR IN CONJUNCTION WITH ANY OTHER INFORMATION  TO
ASSUME  THE  IDENTITY OF ANOTHER PERSON OR ACCESS FINANCIAL RESOURCES OR
CREDIT OF ANOTHER PERSON.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON, FIRM, PART-
NERSHIP, ASSOCIATION, OR CORPORATION SHALL KNOWINGLY USE  THE  LABOR  OR
TIME  OF  ANY  INMATE  IN  THIS  STATE, OR IN ANY OTHER JURISDICTION, TO
ENGAGE IN WHOLE OR IN PART IN OBTAINING ACCESS TO, COLLECTING  OR  PROC-
ESSING  PERSONAL IDENTIFYING INFORMATION PERTAINING TO A DATA SUBJECT IN
THIS STATE.
  3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL  BE  PUNISHABLE
BY  A  CIVIL  PENALTY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS
FOR THE FIRST VIOLATION AND NOT MORE  THAN  TWO  THOUSAND  FIVE  HUNDRED
DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
  S 2. Subdivision 1 of section 170 of the correction law, as amended by
chapter 166 of the laws of 1991, is amended to read as follows:
  1.  The  commissioner  [of correctional services] shall not, nor shall
any other authority whatsoever, make any contract by which the labor  or
time  of  any inmate in any state or local correctional facility in this
state, or the product or profit of his work, shall be  contracted,  let,
farmed  out,  given  or  sold to any person, firm, association or corpo-
ration; except that the inmates in said  correctional  institutions  may
work  for,  and  the  products of their labor may be disposed of to, the
state or any political subdivision thereof, any public institution owned
or managed and controlled by the state,  or  any  political  subdivision
thereof,  PROVIDED  THAT  NO  INMATE  IN ANY STATE OR LOCAL CORRECTIONAL
FACILITY SHALL ENGAGE IN WHOLE  OR  IN  PART  IN  OBTAINING  ACCESS  TO,
COLLECTING OR PROCESSING PERSONAL IDENTIFYING INFORMATION, AS DEFINED IN
SECTION THREE HUNDRED NINETY-TWO-J OF THE GENERAL BUSINESS LAW, PERTAIN-
ING TO A NATURAL PERSON RESIDING IN THIS STATE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Assembly Bill A11113

Sponsored By

Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

multi-Sponsors

2009-A11113 (ACTIVE) - Details

2009-A11113 (ACTIVE) - Summary

2009-A11113 (ACTIVE) - Sponsor Memo

2009-A11113 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

PHEFFER

Archive: Last Bill Status - In Assembly Committee

Actions

co-Sponsors

Alan Maisel

Robert Reilly

Francine DelMonte

Albert A. Stirpe

multi-Sponsors

Peter Abbate

Marcos Crespo

RoAnn Destito

Dennis H. Gabryszak

2009-A11113 (ACTIVE) - Details

2009-A11113 (ACTIVE) - Summary

2009-A11113 (ACTIVE) - Sponsor Memo

2009-A11113 (ACTIVE) - Bill Text download pdf

Comments