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A. 944 2
3. "CUSTOMER" SHALL MEAN ANY INDIVIDUAL WHO OBTAINS, FROM A FINANCIAL
INSTITUTION, A PRODUCT OR SERVICE WHICH IS INTENDED TO BE USED PRIMARILY
FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES, AND ALSO MEANS THE LEGAL
REPRESENTATIVE OF SUCH AN INDIVIDUAL, AND SHALL INCLUDE AN INDIVIDUAL
WHOSE APPLICATION FOR SUCH PRODUCT OR SERVICE HAS BEEN DENIED.
4. "UNAFFILIATED THIRD PARTY" SHALL MEAN ANY ENTITY OR PERSON THAT IS
NOT AN AFFILIATE OF, OR RELATED BY COMMON OWNERSHIP OR AFFILIATED BY
CORPORATE CONTROL WITH, THE FINANCIAL INSTITUTION, BUT DOES NOT INCLUDE
A JOINT EMPLOYEE OF SUCH INSTITUTION.
5. "AFFILIATE" SHALL MEAN ANY COMPANY THAT CONTROLS, IS CONTROLLED BY,
OR IS UNDER COMMON CONTROL WITH ANOTHER COMPANY.
S 9021. PRIVACY OF CONFIDENTIAL CUSTOMER INFORMATION. 1. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED IN THIS ARTICLE, A FINANCIAL INSTITUTION
SHALL NOT DIRECTLY OR THROUGH AN AFFILIATE DISCLOSE CONFIDENTIAL CUSTOM-
ER INFORMATION TO AN UNAFFILIATED THIRD PARTY UNLESS THE FINANCIAL
INSTITUTION HAS FIRST GIVEN WRITTEN NOTICE MEETING THE REQUIREMENTS OF
THIS SECTION TO THE CUSTOMER TO WHOM THE INFORMATION RELATES, AND HAS
OBTAINED THE INFORMED WRITTEN OR ELECTRONIC CONSENT OF THAT CUSTOMER FOR
SUCH DISCLOSURE, AND SUCH CONSENT HAS NOT BEEN WITHDRAWN.
2. ANY FINANCIAL INSTITUTION THAT SEEKS TO DISCLOSE CONFIDENTIAL
CUSTOMER INFORMATION SHALL FIRST PROVIDE A WRITTEN NOTICE, ENTITLED
"FINANCIAL PRIVACY NOTICE," WRITTEN IN ACCORDANCE WITH SECTION 5-702 OF
THE GENERAL OBLIGATIONS LAW, TO EACH OF ITS CUSTOMERS AT THE TIME AT
WHICH A FINANCIAL RELATIONSHIP IS INITIATED AND AT LEAST ANNUALLY THERE-
AFTER. SUCH NOTICE SHALL BE GIVEN AT THE TIME AN ACCOUNT IS OPENED, AT
THE TIME A LOAN OR MORTGAGE APPLICATION IS MADE, AT THE TIME A LOAN OR
MORTGAGE IS GRANTED, OR AT THE TIME THE CUSTOMER ENTERS INTO ANOTHER
FORM OF FINANCIAL TRANSACTION WITH THE FINANCIAL INSTITUTION.
3. THE NOTICE SHALL CLEARLY AND CONSPICUOUSLY STATE OR DESCRIBE:
(A) THE SPECIFIC TYPES OF CONFIDENTIAL CUSTOMER INFORMATION THAT THE
FINANCIAL INSTITUTION SEEKS TO DISCLOSE;
(B) THE CIRCUMSTANCES UNDER WHICH DISCLOSURE WILL BE MADE;
(C) THE SPECIFIC TYPES OF UNAFFILIATED THIRD PARTIES TO WHICH DISCLO-
SURE WILL BE MADE;
(D) THE SPECIFIC USES THAT WILL BE MADE OF THE INFORMATION AFTER IT IS
DISCLOSED;
(E) ALL DISCLOSURES REQUIRED UNDER SECTION 603(D)(2)(A)(III) OF THE
FEDERAL FAIR CREDIT REPORTING ACT AND COMPARABLE DISCLOSURES UNDER ARTI-
CLE TWENTY-FIVE OF THE GENERAL BUSINESS LAW;
(F) THAT DISCLOSURE WILL BE LIMITED TO THE CONDITIONS SET FORTH IN THE
NOTICE;
(G) THAT THE CUSTOMER HAS THE RIGHT TO REVOKE THE CONSENT AT ANY TIME;
(H) THAT A NEW AUTHORIZATION WILL BE SOUGHT FROM THE CUSTOMER PRIOR TO
THE DISCLOSURE OF ANY CONFIDENTIAL CUSTOMER INFORMATION OTHER THAN UNDER
THE CONDITIONS SET FORTH IN THE NOTICE OR FOLLOWING REVOCATION OF THE
CONSENT;
(I) WHETHER THE FINANCIAL INSTITUTION WILL RECEIVE COMPENSATION FOR
THE DISCLOSURE;
(J) THAT A DENIAL OF APPROVAL WILL NOT ADVERSELY AFFECT THE CUSTOMER'S
FINANCIAL RELATIONSHIP WITH THE INSTITUTION;
(K) AN EXPIRATION DATE OF NO MORE THAN TWO YEARS FROM THE DATE OF
EXECUTION OF THE FORM; AND
(L) A SPACE FOR THE CUSTOMER'S SIGNATURE AND THE DATE OF EXECUTION OF
THE FORM.
4. NO DISCLOSURE OF CONFIDENTIAL CUSTOMER INFORMATION SHALL BE MADE
PRIOR TO RECEIPT BY THE FINANCIAL INSTITUTION OF A SIGNED AND DATED
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CONSENT FORM FROM THE CUSTOMER. IN ADDITION, NO DISCLOSURE OF CONFIDEN-
TIAL CUSTOMER INFORMATION SHALL BE MADE AFTER RECEIPT BY THE FINANCIAL
INSTITUTION OF A REVOCATION OF ANY CONSENT PREVIOUSLY GIVEN, UNLESS AND
UNTIL THE CUSTOMER EXECUTES A NEW INFORMED CONSENT FORM.
5. EVERY FINANCIAL INSTITUTION SHALL ESTABLISH APPROPRIATE ADMINISTRA-
TIVE, TECHNICAL AND PHYSICAL SAFEGUARDS TO ENSURE THE SECURITY AND
CONFIDENTIALITY OF RECORDS CONTAINING CONFIDENTIAL CONSUMER INFORMATION
AND TO PROTECT AGAINST ANY ANTICIPATED THREATS OR HAZARDS TO THEIR SECU-
RITY OR INTEGRITY THAT COULD RESULT IN SUBSTANTIAL HARM, EMBARRASSMENT,
INCONVENIENCE OR UNFAIRNESS TO ANY DATA SUBJECT ABOUT WHOM INFORMATION
IS MAINTAINED.
S 9022. LIMITATIONS. 1. NOTWITHSTANDING SECTION NINE THOUSAND TWENTY-
ONE OF THIS ARTICLE, A FINANCIAL INSTITUTION SHALL NOT BE PROHIBITED
FROM DISCLOSING CONFIDENTIAL CUSTOMER INFORMATION UNDER THE FOLLOWING
CIRCUMSTANCES:
(A) WHEN SPECIFICALLY AUTHORIZED BY THE CUSTOMER;
(B) WHEN NECESSARY TO MAINTAIN OR SERVICE THE CUSTOMER'S ACCOUNT WITH
THE FINANCIAL INSTITUTION;
(C) TO ANY PERSON OR ORGANIZATION PROVIDING PROFESSIONAL SERVICES TO
THE FINANCIAL INSTITUTION, INCLUDING, BUT NOT LIMITED TO, AN ACCOUNTANT
ENGAGED BY THE FINANCIAL INSTITUTION TO PREPARE AN INDEPENDENT AUDIT, AN
ATTORNEY PERFORMING A SERVICE ON BEHALF OF THE FINANCIAL INSTITUTION, OR
AN AGENT OR OTHER PERSON REPRESENTING THE FINANCIAL INSTITUTION IN
COLLECTING A DEBT OR OTHERWISE SECURING PAYMENT OF A LOAN OR ADVANCE;
(D) TO PROTECT THE CONFIDENTIALITY OR SECURITY OF ITS RECORDS PERTAIN-
ING TO THE CUSTOMER, THE SERVICE OR PRODUCT, OR THE TRANSACTION THEREIN,
OR TO PROTECT AGAINST OR PREVENT ACTUAL OR POTENTIAL FRAUD, UNAUTHORIZED
TRANSACTIONS, CLAIMS OR OTHER LIABILITY;
(E) TO PROVIDE INFORMATION TO APPLICABLE RATING AGENCIES OF THE FINAN-
CIAL INSTITUTION AND PERSONS ASSESSING THE INSTITUTION'S COMPLIANCE WITH
INDUSTRY STANDARDS;
(F) WHEN THE FINANCIAL INSTITUTION IS COMPELLED TO DISCLOSE THE
CONTENTS OF THE INFORMATION PURSUANT TO A LAWFUL SUBPOENA, SUMMONS,
WARRANT, OR COURT ORDER;
(G) WHEN DISCLOSURE IS REQUIRED BY FEDERAL OR STATE LAW OR REGULATION;
(H) TO A CREDIT-REPORTING AGENCY AS DEFINED BY SECTION SIX HUNDRED
THREE OF THE FEDERAL FAIR CREDIT REPORTING ACT FOR INCLUSION IN A
CONSUMER REPORT THAT MAY BE RELEASED TO A THIRD PARTY FOR A PURPOSE
PERMISSIBLE UNDER SECTION SIX HUNDRED FOUR OF SUCH ACT;
(I) TO GOVERNMENT ENTITIES;
(J) TO THE FINANCIAL INSTITUTION'S BOND OR INSURANCE COMPANIES WHEN
THE FINANCIAL INSTITUTION HAS INFORMATION RELATIVE TO A CLAIM PURSUANT
TO ITS BOND OR DIRECTOR'S AND OFFICER'S LIABILITY INSURANCE POLICY OR
OTHER INSURANCE COVERAGE; OR
(K) IN CONNECTION WITH AN ACTUAL SALE, MERGER, TRANSFER OR EXCHANGE OF
ALL OR A PORTION OR UNIT OF THE FINANCIAL INSTITUTION IF THE DISCLOSURE
CONCERNS SOLELY CUSTOMERS OF SUCH FINANCIAL INSTITUTION OR PORTION OR
UNIT.
2. PRIOR TO RELEASE OF CONFIDENTIAL CUSTOMER INFORMATION AUTHORIZED BY
SUBDIVISION ONE OF SECTION NINE THOUSAND TWENTY-ONE OF THIS ARTICLE, OR
AUTHORIZED BY PARAGRAPHS (B), (C), (D), (E) AND (J) OF SUBDIVISION ONE
OF THIS SECTION, THE FINANCIAL INSTITUTION SHALL ENTER INTO A CONTRACTU-
AL AGREEMENT WITH ANY THIRD PARTY RECEIVING SUCH CONFIDENTIAL CUSTOMER
INFORMATION, PROHIBITING SUCH THIRD PARTY FROM DISCLOSING SUCH INFORMA-
TION.
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S 9023. RECORD RETENTION. 1. A FINANCIAL INSTITUTION SHALL MAINTAIN
RECORDS OF FINANCIAL PRIVACY NOTIFICATION, AS REQUIRED IN THIS ARTICLE,
AND RETAIN COPIES OF EACH CUSTOMER'S APPROVAL OF DISCLOSURE OF CONFIDEN-
TIAL CUSTOMER INFORMATION OR WITHDRAWAL OF SUCH APPROVAL FOR AT LEAST
FIVE YEARS.
2. A FINANCIAL INSTITUTION SHALL MAINTAIN RECORDS OF ALL COMPLAINTS
UNDER THIS ARTICLE AND THEIR DISPOSITION, IF ANY, FOR AT LEAST TEN
YEARS.
S 9024. ENFORCEMENT BY THE ATTORNEY GENERAL. IN ADDITION TO THE OTHER
REMEDIES PROVIDED, WHENEVER THERE SHALL BE A VIOLATION OF THIS ARTICLE,
APPLICATION 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 JURISDIC-
TION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO
THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFAC-
TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED
THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE,
ENJOINING THE RESTRAINING OF ANY FURTHER VIOLATION, WITHOUT REQUIRING
PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN
ANY SUCH PROCEEDINGS, 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 RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
OF THIS ARTICLE HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF
NOT MORE THAN TWO THOUSAND DOLLARS FOR EACH VIOLATION. IN CONNECTION
WITH ANY 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.
S 9025. PRIVATE RIGHT OF ACTION. IN THE EVENT THAT CONFIDENTIAL
CUSTOMER INFORMATION IS DISCLOSED BY A FINANCIAL INSTITUTION ABOUT ANY
CUSTOMER IN VIOLATION OF THIS ARTICLE, SUCH CUSTOMER MAY BRING AN ACTION
FOR RECOVERY OF DAMAGES. JUDGMENT SHALL BE ENTERED IN FAVOR OF A CONSUM-
ER IN AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES OR ONE
THOUSAND DOLLARS, WHICHEVER IS GREATER. THE COURT MAY AWARD REASONABLE
ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.