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Assembly Bill A7232A

2017-2018 Legislative Session

Relates to the timeliness of disclosure of a breach of the security of a system which contains private information

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2017-A7232 - Details

See Senate Version of this Bill:
S1104
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S7347

2017-A7232 - Summary

Relates to the timeliness of disclosure of a breach of the security of a system which contains private information.

2017-A7232 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7232
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to the  timeliness
   of  disclosure  of a breach of the security of a system which contains
   private information

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of section 899-aa of the general business
 law, as added by chapter 442 of the laws of 2005, is amended to read  as
 follows:
   2.  Any  person or business which conducts business in New York state,
 and which owns or licenses  computerized  data  which  includes  private
 information  shall  disclose  any  breach  of the security of the system
 following discovery or notification of the breach in the security of the
 system to any resident of New York state whose private information  was,
 or  is  reasonably  believed  to have been, acquired by a person without
 valid authorization. The disclosure shall be made [in the most expedient
 time possible and]  without  unreasonable  delay,  consistent  with  the
 legitimate  needs of law enforcement, as provided in subdivision four of
 this section, or any measures necessary to determine the  scope  of  the
 breach  and  restore  the reasonable integrity of the system. REASONABLE
 DELAY UNDER THIS SUBDIVISION SHALL NOT EXCEED FORTY-FIVE DAYS, EXCEPT AS
 PROVIDED IN SUBDIVISION FOUR OF THIS SECTION OR  UNLESS  THE  PERSON  OR
 BUSINESS  SEEKING  ADDITIONAL  TIME DEMONSTRATES TO THE ATTORNEY GENERAL
 THAT ADDITIONAL TIME IS REASONABLY NECESSARY TO DETERMINE THE  SCOPE  OF
 THE  BREACH OF THE SECURITY SYSTEM, PREVENT FURTHER DISCLOSURES, CONDUCT
 THE RISK ASSESSMENT, AND RESTORE THE REASONABLE INTEGRITY OF THE SECURI-
 TY SYSTEM. IF THE ATTORNEY GENERAL DETERMINES THAT ADDITIONAL  DELAY  IS
 NECESSARY  THE  AGENCY  MAY  EXTEND THE TIME PERIOD FOR NOTIFICATION FOR
 ADDITIONAL PERIODS OF UP TO FORTY-FIVE DAYS  EACH.  ANY  SUCH  EXTENSION
 SHALL BE PROVIDED IN WRITING.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2017-A7232A (ACTIVE) - Details

See Senate Version of this Bill:
S1104
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S7347

2017-A7232A (ACTIVE) - Summary

Relates to the timeliness of disclosure of a breach of the security of a system which contains private information.

2017-A7232A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7232--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Consumer Affairs  and  Protection  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the general business law, in relation to the  timeliness
   of  disclosure  of a breach of the security of a system which contains
   private information
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of section 899-aa of the general business
 law, as added by chapter 442 of the laws of 2005, is amended to read  as
 follows:
   2.  Any  person or business which conducts business in New York state,
 and which owns or licenses  computerized  data  which  includes  private
 information  shall  disclose  any  breach  of the security of the system
 following discovery or notification of the breach in the security of the
 system to any resident of New York state whose private information  was,
 or  is  reasonably  believed  to have been, acquired by a person without
 valid authorization. The disclosure shall be made [in the most expedient
 time possible and]  without  unreasonable  delay,  consistent  with  the
 legitimate  needs of law enforcement, as provided in subdivision four of
 this section, or any measures necessary to determine the  scope  of  the
 breach  and  restore  the reasonable integrity of the system. REASONABLE
 DELAY UNDER THIS SUBDIVISION SHALL NOT EXCEED FORTY-FIVE DAYS, EXCEPT AS
 PROVIDED IN SUBDIVISION FOUR OF THIS SECTION OR  UNLESS  THE  PERSON  OR
 BUSINESS  SEEKING  ADDITIONAL  TIME DEMONSTRATES TO THE ATTORNEY GENERAL
 THAT ADDITIONAL TIME IS REASONABLY NECESSARY TO DETERMINE THE  SCOPE  OF
 THE  BREACH OF THE SECURITY SYSTEM, PREVENT FURTHER DISCLOSURES, CONDUCT
 THE RISK ASSESSMENT, AND RESTORE THE REASONABLE INTEGRITY OF THE SECURI-
 TY SYSTEM. IF THE ATTORNEY GENERAL DETERMINES THAT ADDITIONAL  DELAY  IS
 NECESSARY  THE  AGENCY  MAY  EXTEND THE TIME PERIOD FOR NOTIFICATION FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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