NY State Senate Bill 2011-S3680

Senate Bill S3680

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 Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2011	referred to finance

2011-S3680 (ACTIVE) - Details

See Assembly Version of this Bill:: A3599
Current Committee:: Senate Finance
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4144, A8156
2013-2014: A2111
2015-2016: A5871
2017-2018: A1867, A9768

2011-S3680 (ACTIVE) - 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-S3680 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3680

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

PURPOSE:
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 PROVISIONS:
Section 1 of the bill finds that personal privacy is a matter of
serious public concern that needs to be carefully studied.

Section 2 creates a temporary state commission on personal privacy and
establishes its focus. Section 3 designates a deadline for a report
from the commission.

Sections 4 and 5 address the composition of the commission, its
employees, and its powers.

Section 6 provides that the members of the commission shall serve

without compensation, except that certain members shall be reimbursed
for their necessary and actual expenses incurred in the performance
of their duties. Section 7 provides for access to certain
governmental resources. Section 8 sets forth the effective date.

JUSTIFICATION:
New York State historically has been a leader in protecting the
personal privacy of its citizens. Today, however, governmental
agencies and commercial firms are constantly gathering and
distributing more and more detailed information on the personal lives
of New Yorkers. The rapid advancement in technology in recent years
has created new potential threats to the privacy of individuals. The
ability to use such technology to collect, collate, and transmit
personal data now allows isolated pieces of information to be
compiled into profiles of an individual. 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. At the very least,
governments should understand the facts and issues involved in what
is happening, and should not wait until threats to privacy have
become a fait accompli. This bill would help the State, in a
thoughtful manner, ways we might enhance protections of individuals'
privacy.

LEGISLATIVE HISTORY:
2010: A.8156A (Kavanagh) - Passed Assembly
2009: A.8156A (Kavanagh) - Passed Assembly


FISCAL IMPACT ON THE STATE:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S3680 (ACTIVE) - Bill Text download pdf

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

                                  3680

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

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

  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

S. 3680                             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

S. 3680                             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.

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