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

                                 2111--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. KAVANAGH, BOYLAND, WEINSTEIN -- Multi-Sponsored
  by -- M. of A.  ROBINSON -- read once and referred to the Committee on
  Consumer Affairs and  Protection  --  reported  and  referred  to  the
  Committee  on  Ways  and  Means -- 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.
                                                           LBD02161-02-3

              

A. 2111--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 superintendent of the depart-
ment of financial services, the secretary of state, the director of  the
office  of information technology services, 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  represent-
ing  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 assembly shall be a member, offi-
cer, 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 employ-
ee  of a statewide trade association representing the health care indus-
try. 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

A. 2111--A                          3

protection in the marketplace, educates consumers,  and  researches  and
analyzes consumer issues, including 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.