NY State Assembly Bill 2011-A3599

Assembly Bill A3599

2011-2012 Legislative Session

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

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2012	reported referred to rules
Jun 05, 2012	reported referred to ways and means
May 31, 2012	print number 3599b
May 31, 2012	amend and recommit to consumer affairs and protection
May 29, 2012	print number 3599a
May 29, 2012	amend (t) and recommit to consumer affairs and protection
Jan 04, 2012	referred to consumer affairs and protection
Jan 26, 2011	referred to consumer affairs and protection

Bill Amendments

Original

B (Active)

co-Sponsors

multi-Sponsors

2011-A3599 - Details

Current Committee:: Assembly Rules
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8156
2013-2014: A2111
2015-2016: A5871
2017-2018: A1867, A9768

2011-A3599 - 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.

2011-A3599 - Bill Text download pdf

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

                                  3599

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M.  of A. KAVANAGH, WEINSTEIN, SPANO, CASTRO, BOYLAND --
  Multi-Sponsored by -- M. of A. McENENY,  ROBINSON  --  read  once  and
  referred to the Committee on Consumer Affairs and Protection

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:
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00970-01-1

A. 3599                             2

  (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, 2013, 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  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

A. 3599                             3

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.

co-Sponsors

multi-Sponsors

2011-A3599A - Details

Current Committee:: Assembly Rules
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8156
2013-2014: A2111
2015-2016: A5871
2017-2018: A1867, A9768

2011-A3599A - Summary

2011-A3599A - Bill Text download pdf

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

                                 3599--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M.  of A. KAVANAGH, WEINSTEIN, CASTRO, BOYLAND -- Multi-
  Sponsored by -- M. of A. McENENY, ROBINSON -- read once  and  referred
  to  the Committee on Consumer Affairs and Protection -- recommitted to
  the Committee on Consumer Affairs and Protection  in  accordance  with
  Assembly Rule 3, sec. 2 -- 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; and providing for the repeal  of  such  provisions  upon  the
  expiration 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00970-02-2

A. 3599--A                          2

  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:
  (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 preliminary report to the governor
and the legislature of its findings,  conclusions,  and  recommendations
not later than the one hundred eightieth day after the effective date of
this section and a final report of its findings, conclusions, and recom-
mendations  not  later  than  one  year after the effective date of this
section, and shall submit with its reports such legislative proposals as
it deems necessary to implement its recommendations.
  S 4. The commission shall consist of a total of  fifteen  members  who
shall  be appointed not later than the thirtieth day after the effective
date of this section 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 offi-
cers.  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 minor-
ity 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  assem-
bly  shall  be  an  individual  who  has  conducted academic research on
personal privacy protection. One of the appointments of the  speaker  of
the  assembly  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
representing the health care industry. One of the  appointments  of  the
temporary president of the senate shall be a member, officer, or employ-
ee 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,

A. 3599--A                          3

educates consumers, and researches and analyzes consumer issues, includ-
ing 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  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.  With the approval of the chairperson of the commission, members
of the commission may participate in meetings of the commission by means
of videoconference or similar equipment that allows all members  partic-
ipating in such meetings to see and hear each other at the same time and
allows  the  public  attending the meeting in person to see and hear the
members of the commission participating in such manner.
  S 9. This act shall take effect on the thirtieth day  after  it  shall
have  become  a law and shall expire and be deemed repealed on the three
hundred ninety-fifth day after it shall have taken effect.

co-Sponsors

multi-Sponsors

2011-A3599B (ACTIVE) - Details

Current Committee:: Assembly Rules
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8156
2013-2014: A2111
2015-2016: A5871
2017-2018: A1867, A9768

2011-A3599B (ACTIVE) - Summary

2011-A3599B (ACTIVE) - Bill Text download pdf

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

                                 3599--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M.  of A. KAVANAGH, WEINSTEIN, CASTRO, BOYLAND -- Multi-
  Sponsored by -- M. of A. McENENY, ROBINSON -- read once  and  referred
  to  the Committee on Consumer Affairs and Protection -- recommitted to
  the Committee on Consumer Affairs and Protection  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  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; and providing for the repeal  of  such  provisions  upon  the
  expiration 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00970-03-2

A. 3599--B                          2

  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:
  (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 preliminary report to the governor
and the legislature of its findings,  conclusions,  and  recommendations
not later than the one hundred eightieth day after the effective date of
this section and a final report of its findings, conclusions, and recom-
mendations  not  later  than  one  year after the effective date of this
section, and shall submit with its reports such legislative proposals as
it deems necessary to implement its recommendations.
  S 4. The commission shall consist of a total of  fifteen  members  who
shall  be appointed not later than the thirtieth day after the effective
date of this section and shall include the superintendent of the depart-
ment of financial services, 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 minor-
ity 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 assem-
bly shall be an  individual  who  has  conducted  academic  research  on
personal  privacy  protection. One of the appointments of the speaker of
the assembly 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
representing  the  health  care industry. One of the appointments of the
temporary president of the senate shall be a member, officer, or employ-
ee 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,

A. 3599--B                          3

educates consumers, and researches and analyzes consumer issues, includ-
ing consumers' right to privacy.
  S  5. The secretary of state shall serve as chairperson of the commis-
sion. The commission may  consult  with  any  organization,  educational
institution, governmental agency, or person.
  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 department of state 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  agen-
cies  of  the state or subdivisions thereof shall, at the request of the
chairperson, provide the task force with  such  facilities,  assistance,
and  data  as  will  enable  the  commission to carry out its powers and
duties.
  S 8. With the approval of the chairperson of the  commission,  members
of the commission may participate in meetings of the commission by means
of  videoconference or similar equipment that allows all members partic-
ipating in such meetings to see and hear each other at the same time and
allows the public attending the meeting in person to see  and  hear  the
members of the commission participating in such manner.
  S  9.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall expire and be deemed repealed on  the  three
hundred ninety-fifth day after it shall have taken effect.

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Assembly Bill A3599

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Sponsored By

KAVANAGH

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Helene Weinstein

Mike Spano

Nelson Castro

William Boyland

multi-Sponsors

John McEneny

Annette Robinson

2011-A3599 - Details

2011-A3599 - Summary

2011-A3599 - Bill Text download pdf

co-Sponsors

Helene Weinstein

Mike Spano

Nelson Castro

William Boyland

multi-Sponsors

John McEneny

Annette Robinson

2011-A3599A - Details

2011-A3599A - Summary

2011-A3599A - Bill Text download pdf

co-Sponsors

Helene Weinstein

Mike Spano

Nelson Castro

William Boyland

multi-Sponsors

John McEneny

Annette Robinson

2011-A3599B (ACTIVE) - Details

2011-A3599B (ACTIVE) - Summary

2011-A3599B (ACTIVE) - Bill Text download pdf

Comments