Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 17, 2012 |
print number 4580a |
Feb 17, 2012 |
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 |
Senate Bill S4580
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
Votes
Bill Amendments
2011-S4580 - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add R2103-b, amd R3016, CPLR
2011-S4580 - Sponsor Memo
BILL NUMBER:S4580 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to confidentiality in papers filed in civil proceedings This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. We recommend adoption of a new CPLR rule 2103-b to address privacy concerns in the filing of papers in civil proceedings. There are frequent cases with filed papers involving myriad sensitive personal identifying information including, but not limited to, social security numbers and other numerical identifiers which, if revealed, would violate the privacy of individuals. This measure would further the protection of that information as the court system enters the electronic age, courthouse papers are increasingly accessed by internet services and personal information is of increasing interest to identity thieves. Generally, personal information is increasingly subject to protection by law (see Public Officers Law §96-a (g) (eff. Jan. 1,2010; added L. 2008, c. 279) and General Business Law §399-dd (6)
2011-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
2011-S4580A (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add R2103-b, amd R3016, CPLR
2011-S4580A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4580A TITLE OF BILL: An act to amend the civil practice law and rules, in relation to confi- dentiality in papers filed in civil proceedings This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. This measure would add a new CPLR rule 2103-b to address the confiden- tiality of personal information in the filing of papers in civil proceedings. We believe that frequently there are cases with filed papers involving myriad sensitive personal information including, but not limited to, social security numbers and other numerical identifiers which, if revealed, increase the risk of identity theft, fraudulent use or disclosure in violation of state or Federal law. We urge adoption of this measure to further the protection of that information. As the court system enters the electronic age, courthouse papers are increasingly accessed by Internet services and personal information is of increasing interest to identity thieves. Further, we believe that by necessity practitioners are aware of the risks associated with revealing sensitive personal information and have access to all state and Federal laws concerning identity theft issues. Generally, personal information is increasingly subject to protection by
2011-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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