senate Bill S7575

2013-2014 Legislative Session

Prohibits persons or business entities from filing unnecessary personal identifying information with an agency

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to consumer protection

S7575 - Bill Details

See Assembly Version of this Bill:
A6112
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง399-j, Gen Bus L

S7575 - Bill Texts

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Prohibits persons or business entities from filing unnecessary personal identifying information with an agency; provides for enforcement by the attorney general.

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BILL NUMBER:S7575

TITLE OF BILL: An act to amend the general business law, in relation
to personal information restrictions for public records

PURPOSE OF GENERAL IDEA OF BILL: The purpose of this bill is to
protect the privacy of New York State residents, by prohibiting the
filing of unnecessary identifying information with government
entities.

SUMMARY OF SPECIFIC PROVISIONS: This bill would prohibit any person or
business entity from filing with the State or any political
subdivision or any division or department thereof, any personal
identifying information which is not relevant and necessary to
accomplish the purpose of the filing, or not required by state or
federal law, rule or regulation, or by court rule, without the consent
of the individual.

The bill would also require agencies that receive instruments for
filing to post a prominent notice describing the above prohibition.
Lastly, the bill would authorize the Attorney General to enforce the
provisions of this section by seeking an injunction against a
violator.

JUSTIFICATION: This bill would protect the privacy of New York State
residents by prohibiting the filing of unnecessary personal
identifying information with government entities. Such filings are
records to which the general public may obtain access. Often documents
such as mortgages and judgments are filed with government entities for
public purpose and contain personal information not required by the
statutory filing requirements. While rare, there have been instances
when copies of a person's drivers license and credit card were
submitted as part of a filing. This sensitive information should not
be publicly available. Furthermore, as more and more localities
implement systems allowing for public access of records via the
Internet, the need to ensure that vulnerable personal information in
not included in such records is critical.

As the incidence of identity theft continues to rise, it is essential
that precautions are implemented to ensure that personal identifying
information does not become available to unauthorized persons.

PRIOR LEGISLATIVE HISTORY: 2011: A.980 (Pheffer) - Passed Assembly
2009-2010: A.1819-A (Pheffer) - Passed Assembly 2007-2008: A.275-A
(Pheffer) - Passed Assembly 2011-12: A9111 Gov Ops

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: 90 days after enactment.

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

                                  7575

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to personal infor-
  mation restrictions for public records

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

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S 399-J. PERSONAL INFORMATION RESTRICTIONS FOR PUBLIC RECORDS.  1.  NO
PERSON  OR  BUSINESS  ENTITY  SHALL  INTENTIONALLY  CREATE AN INSTRUMENT
AVAILABLE FOR PUBLIC INSPECTION THAT IS TO BE FILED WITH OR SUBMITTED TO
AN AGENCY CONTAINING  PERSONAL  IDENTIFYING  INFORMATION  OF  ANY  OTHER
PERSON,  UNLESS  SUCH OTHER PERSON IS A DEPENDENT CHILD OR HAS CONSENTED
TO THE INCLUSION OF SUCH PERSONAL IDENTIFYING INFORMATION, WHICH IS NOT:
  (A) RELEVANT AND NECESSARY TO ACCOMPLISH THE PURPOSE OF THE FILING; OR
  (B) REQUIRED BY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, OR BY
COURT RULE.
  FOR THE PURPOSE OF THIS SECTION, THE PRINTING OR OTHER REPRODUCTION OF
A DOCUMENT RECEIVED BY ELECTRONIC OR ANY OTHER MEANS DOES NOT CONSTITUTE
CREATION OF THE DOCUMENT.
  2. ANY AGENCY THAT RECEIVES INSTRUMENTS FOR FILING  SHALL  POST  IN  A
PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO OR NEAR THE
LOCATION WHERE SUCH AGENCY HAS DESIGNATED FOR THE RECEIPT OF INSTRUMENTS
FOR FILING, A NOTICE DESCRIBING THE PROHIBITION CONTAINED IN SUBDIVISION
ONE  OF  THIS SECTION AND SUBDIVISION SIX OF SECTION THREE HUNDRED NINE-
TY-NINE-DDD OF THIS ARTICLE.
  3. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL MEAN:
  (A) "AGENCY" MEANS ANY STATE OR MUNICIPAL DEPARTMENT,  BOARD,  BUREAU,
DIVISION,  COMMISSION,  COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPORATION,
COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING  A  GOVERNMENTAL
OR  PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE MUNICIPALITIES
THEREOF, EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE;
  (B)  "PERSONAL  IDENTIFYING  INFORMATION"  MEANS  A  DRIVER'S  LICENSE
NUMBER,  MOTHER'S  MAIDEN  NAME, CONSUMER CREDIT ACCOUNT NUMBER OR CODE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06879-02-3

S. 7575                             2

SAVINGS ACCOUNT NUMBER OR CODE, CHECKING  ACCOUNT  NUMBER  OR  CODE,  OR
DEBIT CARD NUMBER OR CODE.
  4.  UPON  ANY VIOLATION OF THE PROVISIONS OF THIS SECTION, AN APPLICA-
TION 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 JURISDICTION TO ISSUE
AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  THE  VIOLATION.  IF  IT
SHALL  APPEAR  TO  THE  SATISFACTION  OF  THE  COURT OR JUSTICE THAT THE
DEFENDANT HAS VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  THE
COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
OUT  REQUIRING  PROOF  THAT  ANY  PERSON  HAS,  IN FACT, BEEN INJURED OR
DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY  MAKE  ALLOWANCES
TO  THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A)
OF SECTION EIGHT THOUSAND THREE HUNDRED THREE OF THE CIVIL PRACTICE  LAW
AND  RULES,  AND  DIRECT  RESTITUTION. IN CONNECTION WITH AN APPLICATION
MADE UNDER THIS SECTION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO  TAKE
PROOF  AND  TO  MAKE  A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND  RULES.  ANY
PENALTY OR INJUNCTION FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION
SHALL BE ASSESSED AGAINST THE PERSON OR BUSINESS ENTITY THAT CREATED THE
INSTRUMENT. NO PERSON, BUSINESS ENTITY OR AGENCY SHALL BE DEEMED TO HAVE
VIOLATED  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF THIS SECTION IF SUCH
PERSON, BUSINESS ENTITY OR AGENCY HAD NO INVOLVEMENT IN THE CREATION  OF
THE INSTRUMENT, OR CREATED THE INSTRUMENT WITHOUT THE INTENTION OR KNOW-
LEDGE THAT THE INSTRUMENT WAS TO BE FILED WITH AN AGENCY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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