senate Bill S4580A

2011-2012 Legislative Session

Relates to confidentiality in papers filed in civil proceedings

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 17, 2012 print number 4580a
amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.741
Apr 12, 2011 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

S4580 - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R2103-b, CPLR

S4580 - Summary

Relates to confidentiality in papers filed in civil proceedings.

S4580 - Sponsor Memo

S4580 - Bill Text download pdf

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

                                  4580

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT to amend the civil practice law and rules, in relation to confi-
  dentiality in papers filed in civil proceedings

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

  Section 1. The civil practice law and rules is amended by adding a new
rule 2103-b to read as follows:
  RULE  2103-B.  CONFIDENTIALITY  IN  CIVIL  PROCEEDINGS. 1. EXCEPT IN A
MATRIMONIAL ACTION OR AS OTHERWISE PROVIDED BY LAW OR  COURT  ORDER  AND
WHETHER  OR  NOT  A  SEALING  ORDER  IS  OR  HAS BEEN SOUGHT, IN A CIVIL
PROCEEDING THE PARTIES SHALL REDACT OR KEEP CONFIDENTIAL PERSONAL  IDEN-
TIFYING  INFORMATION  CONTAINED  IN  PAPERS  SUBMITTED  TO THE COURT FOR
FILING.
  2. FOR THE PURPOSE OF THIS RULE,  "PERSONAL  IDENTIFYING  INFORMATION"
MEANS  ANY  INFORMATION  THAT  MAY  BE USED TO VIOLATE THE PRIVACY OR TO
UNLAWFULLY REVEAL OR ASSUME THE IDENTITY OF AN INDIVIDUAL, OR USED IN  A
MANNER  THAT  IS OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, INCLUDING
BUT NOT LIMITED TO A SOCIAL SECURITY NUMBER, TELEPHONE NUMBER,  DATE  OF
BIRTH,  DRIVER'S  LICENSE  NUMBER,  NON-DRIVER PHOTO IDENTIFICATION CARD
NUMBER, EMPLOYEE IDENTIFICATION NUMBER, MOTHER'S MAIDEN NAME,  INSURANCE
OR  FINANCIAL  ACCOUNT  NUMBER,  DEMAND  DEPOSIT ACCOUNT NUMBER, SAVINGS
ACCOUNT NUMBER, CREDIT CARD NUMBER  OR  COMPUTER  PASSWORD  INFORMATION,
ELECTRONIC  SIGNATURE  DATA  OR  UNIQUE BIOMETRIC DATA SUCH AS A FINGER-
PRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE, OR  MEDICAL  PROCEDURE,
DIAGNOSIS OR BILLING CODES.
  3.  THE COURT, IN RESPONSE TO A MOTION OR ON ITS OWN MOTION, MAY ORDER
A PARTY WHO FILED OR IS SUBMITTING A PAPER TO THE COURT  FOR  FILING  TO
REMOVE  PERSONAL  IDENTIFYING  INFORMATION  FROM  A PAPER AND RESUBMIT A
PAPER WITH SUCH  INFORMATION  REDACTED  OR,  IN  ACCORDANCE  WITH  RULES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09320-01-1

S4580A (ACTIVE) - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add R2103-b, CPLR

S4580A (ACTIVE) - Summary

Relates to confidentiality in papers filed in civil proceedings.

S4580A (ACTIVE) - Sponsor Memo

S4580A (ACTIVE) - Bill Text download pdf

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

                                 4580--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 12, 2011
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- recommitted to the Commit-
  tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil practice law and rules, in relation to  confi-
  dentiality in papers filed in civil proceedings

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

  Section 1. The civil practice law and rules is amended by adding a new
rule 2103-b to read as follows:
  RULE 2103-B. CONFIDENTIALITY IN CIVIL  PROCEEDINGS.  1.  EXCEPT  IN  A
MATRIMONIAL  ACTION  OR  AS OTHERWISE PROVIDED BY LAW OR COURT ORDER AND
WHETHER OR NOT A SEALING ORDER IS OR HAS BEEN SOUGHT, THE PARTIES  SHALL
OMIT  OR REDACT CONFIDENTIAL PERSONAL INFORMATION IN PAPERS SUBMITTED TO
THE COURT FOR FILING. FOR PURPOSES OF THIS RULE,  CONFIDENTIAL  PERSONAL
INFORMATION MEANS INFORMATION WHICH IF PUBLICLY FILED WOULD INCREASE THE
RISK  OF  IDENTITY  THEFT, FRAUDULENT USE OR DISCLOSURES IN VIOLATION OF
STATE OR FEDERAL LAW.  CONFIDENTIAL PERSONAL INFORMATION  INCLUDES,  BUT
IS NOT LIMITED TO, A SOCIAL SECURITY NUMBER, A DATE OF BIRTH, A DRIVER'S
LICENSE  NUMBER,  A  NON-DRIVER  PHOTO  IDENTIFICATION  CARD  NUMBER, AN
EMPLOYEE IDENTIFICATION NUMBER, A MOTHER'S MAIDEN NAME, AN INSURANCE  OR
FINANCIAL  ACCOUNT  NUMBER, A CREDIT CARD NUMBER, A COMPUTER PASSWORD OR
COMPUTER ACCESS INFORMATION, ELECTRONIC SIGNATURE DATA OR UNIQUE  BIOME-
TRIC DATA OR PATIENT MEDICAL INFORMATION.
  2. THE COURT, SUA SPONTE OR ON MOTION BY ANY PERSON, MAY ORDER A PARTY
TO REMOVE CONFIDENTIAL PERSONAL INFORMATION FROM PAPERS OR TO RESUBMIT A
PAPER WITH SUCH INFORMATION REDACTED; ORDER THE CLERK TO SEAL THE PAPERS
OR  A  PORTION  THEREOF  CONTAINING CONFIDENTIAL PERSONAL INFORMATION IN
ACCORDANCE WITH RULES PROMULGATED BY  THE  CHIEF  ADMINISTRATOR  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09320-02-2

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