Assembly Bill A4558

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

                                  4558

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by M. of A. JAFFEE, GALEF, SPANO -- Multi-Sponsored by -- M.
  of A. DelMONTE, DINOWITZ, GUNTHER, MOLINARO, REILLY, SWEENEY  --  read
  once and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  public posting or display of a person's social security account number

  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
399-ff to read as follows:
  S 399-FF. PROHIBIT PUBLIC POSTING OR  DISPLAY  OF  A  PERSON'S  SOCIAL
SECURITY  ACCOUNT  NUMBER.  1. AS USED IN THIS SECTION, THE TERM "SOCIAL
SECURITY ACCOUNT NUMBER" SHALL INCLUDE THE NUMBER ISSUED BY THE  FEDERAL
SOCIAL SECURITY ADMINISTRATION AND ANY NUMBER DERIVED FROM SUCH NUMBER.
  2. A PERSON OR ENTITY SHALL NOT DO ANY OF THE FOLLOWING:
  (A)  PUBLICLY POST OR PUBLICLY DISPLAY IN ANY MANNER A PERSON'S SOCIAL
SECURITY NUMBER. FOR THE PURPOSES OF THIS SECTION,  THE  TERM  "PUBLICLY
POST" OR "PUBLICLY DISPLAY" MEANS TO INTENTIONALLY COMMUNICATE OR OTHER-
WISE MAKE AVAILABLE TO THE GENERAL PUBLIC.
  (B)  PRINT  A PERSON'S SOCIAL SECURITY NUMBER ON ANY CARD REQUIRED FOR
SUCH PERSON TO ACCESS PRODUCTS OR SERVICES PROVIDED  BY  THE  PERSON  OR
ENTITY.
  (C)  REQUIRE  A  PERSON  TO TRANSMIT HIS OR HER SOCIAL SECURITY NUMBER
OVER THE INTERNET, UNLESS THE CONNECTION IS SECURE OR THE SOCIAL SECURI-
TY NUMBER IS ENCRYPTED.
  (D) REQUIRE A PERSON TO USE HIS  OR  HER  SOCIAL  SECURITY  NUMBER  TO
ACCESS  AN INTERNET WEB SITE, UNLESS A PASSWORD OR UNIQUE PERSONAL IDEN-
TIFICATION NUMBER OR OTHER AUTHENTICATION DEVICE  IS  ALSO  REQUIRED  TO
ACCESS THE INTERNET WEB SITE.
  (E)  PRINT A PERSON'S SOCIAL SECURITY NUMBER ON ANY MATERIALS THAT ARE
MAILED TO SUCH PERSON, UNLESS STATE OR FEDERAL LAW REQUIRES  THE  SOCIAL
SECURITY NUMBER TO BE ON THE DOCUMENT TO BE MAILED. NOTWITHSTANDING THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07694-01-9
              

A. 4558                             2

PARAGRAPH,  SOCIAL  SECURITY NUMBERS MAY BE INCLUDED IN APPLICATIONS AND
FORMS SENT BY MAIL, INCLUDING DOCUMENTS SENT AS PART OF  AN  APPLICATION
OR  ENROLLMENT  PROCESS, OR TO ESTABLISH, AMEND OR TERMINATE AN ACCOUNT,
CONTRACT  OR  POLICY,  OR TO CONFIRM THE ACCURACY OF THE SOCIAL SECURITY
NUMBER. A SOCIAL SECURITY NUMBER THAT IS PERMITTED TO  BE  MAILED  UNDER
THIS  SECTION  MAY NOT BE PRINTED, IN WHOLE OR IN PART, ON A POSTCARD OR
OTHER MAILER NOT REQUIRING AN ENVELOPE, OR VISIBLE ON  THE  ENVELOPE  OR
WITHOUT THE ENVELOPE HAVING BEEN OPENED.
  3.  THIS SECTION SHALL NOT PREVENT THE COLLECTION, USE OR RELEASE OF A
SOCIAL SECURITY NUMBER AS REQUIRED BY STATE OR FEDERAL LAW OR THE USE OF
A SOCIAL SECURITY NUMBER FOR  INTERNAL  VERIFICATION  OR  ADMINISTRATIVE
PURPOSES.
  4. A PERSON OR ENTITY MAY NOT ENCODE OR EMBED A SOCIAL SECURITY NUMBER
IN  OR ON A CARD OR DOCUMENT, INCLUDING, BUT NOT LIMITED TO, USING A BAR
CODE, CHIP, MAGNETIC STRIP, OR OTHER TECHNOLOGY, IN  PLACE  OF  REMOVING
THE SOCIAL SECURITY NUMBER, AS REQUIRED BY THIS SECTION.
  5. EACH VIOLATION OF ANY PROVISION OF THIS SECTION SHALL BE PUNISHABLE
BY A FINE OF ONE THOUSAND DOLLARS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.