Assembly Bill A8884

2017-2018 Legislative Session

Relates to a notification of a security breach

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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

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Bill Amendments

2017-A8884 - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd Art 39-F Art Head, §899-aa, add §899-bb, Gen Bus L; amd §208, St Tech L

2017-A8884 - Summary

Relates to notification of a security breach; includes credit and debit cards; increases civil penalties.

2017-A8884 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8884
 
                           I N  A S S E M B L Y
 
                              January 4, 2018
                                ___________
 
 Introduced  by  M. of A. TITONE -- (at request of the Department of Law)
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection
 
 AN  ACT  to amend the general business law and the state technology law,
   in relation to notification of a security breach
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "New York
 Data Security Act".
   § 2. The article heading of article 39-F of the general business  law,
 as  added  by  chapter  442  of  the laws of 2005, is amended to read as
 follows:
            NOTIFICATION OF UNAUTHORIZED ACQUISITION OF PRIVATE
                  INFORMATION; DATA SECURITY PROTECTIONS
   § 3. Subdivisions 1, 2, 3, 5, 6, 7 and 8  of  section  899-aa  of  the
 general business law, as added by chapter 442 of the laws of 2005, para-
 graph  (c) of subdivision 1, paragraph (a) of subdivision 6 and subdivi-
 sion 8 as amended by chapter 491 of the laws of 2005 and  paragraph  (a)
 of  subdivision 8 as amended by section 6 of part N of chapter 55 of the
 laws of 2013, are amended and a new subdivision 5-a is added to read  as
 follows:
   1. As used in this section, the following terms shall have the follow-
 ing meanings:
   (a)  "Personal  information"  shall  mean any information concerning a
 natural person which, because of name, number, personal mark,  or  other
 identifier, can be used to identify such natural person;
   (b)  "Private information" shall mean EITHER: (I) personal information
 consisting of any information in combination with any one or more of the
 following data elements, when either the  personal  information  or  the
 data  element is not encrypted, or encrypted with an encryption key that
 has also been ACCESSED OR acquired:
   (1) social security number;
   (2) driver's license number or non-driver identification card  number;
 [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2017-A8884A - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd Art 39-F Art Head, §899-aa, add §899-bb, Gen Bus L; amd §208, St Tech L

2017-A8884A - Summary

Relates to notification of a security breach; includes credit and debit cards; increases civil penalties.

2017-A8884A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8884--A
 
                           I N  A S S E M B L Y
 
                              January 4, 2018
                                ___________
 
 Introduced  by  M. of A. TITONE -- (at request of the Department of Law)
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to amend the general business law and the state technology law,
   in relation to notification of a security breach

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "New York
 Data Security Act".
   § 2. The article heading of article 39-F of the general business  law,
 as  added  by  chapter  442  of  the laws of 2005, is amended to read as
 follows:
            NOTIFICATION OF UNAUTHORIZED ACQUISITION OF PRIVATE
                  INFORMATION; DATA SECURITY PROTECTIONS
   § 3. Subdivisions 1, 2, 3, 5, 6, 7 and 8  of  section  899-aa  of  the
 general business law, as added by chapter 442 of the laws of 2005, para-
 graph  (c) of subdivision 1, paragraph (a) of subdivision 6 and subdivi-
 sion 8 as amended by chapter 491 of the laws of 2005 and  paragraph  (a)
 of  subdivision 8 as amended by section 6 of part N of chapter 55 of the
 laws of 2013, are amended and a new subdivision 5-a is added to read  as
 follows:
   1. As used in this section, the following terms shall have the follow-
 ing meanings:
   (a)  "Personal  information"  shall  mean any information concerning a
 natural person which, because of name, number, personal mark,  or  other
 identifier, can be used to identify such natural person;
   (b)  "Private information" shall mean EITHER: (I) personal information
 consisting of any information in combination with any one or more of the
 following data elements, when either the  personal  information  or  the
 data  element is not encrypted, or encrypted with an encryption key that
 has also been ACCESSED OR acquired:
   (1) social security number;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2017-A8884B (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd Art 39-F Art Head, §899-aa, add §899-bb, Gen Bus L; amd §208, St Tech L

2017-A8884B (ACTIVE) - Summary

Relates to notification of a security breach; includes credit and debit cards; increases civil penalties.

2017-A8884B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8884--B
 
                           I N  A S S E M B L Y
 
                              January 4, 2018
                                ___________
 
 Introduced  by  M. of A. TITONE -- (at request of the Department of Law)
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and recommitted to said committee -- again reported from said
   committee with amendments, ordered reprinted as amended and  recommit-
   ted to said committee

 AN  ACT  to amend the general business law and the state technology law,
   in relation to notification of a security breach
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "Stop Hacks
 and Improve Electronic Data Security Act (SHIELD Act)".
   §  2. The article heading of article 39-F of the general business law,
 as added by chapter 442 of the laws of  2005,  is  amended  to  read  as
 follows:
            NOTIFICATION OF UNAUTHORIZED ACQUISITION OF PRIVATE
                  INFORMATION; DATA SECURITY PROTECTIONS
   §  3.  Subdivisions  1,  2,  3, 5, 6, 7 and 8 of section 899-aa of the
 general business law, as added by chapter 442 of the laws of 2005, para-
 graph (c) of subdivision 1, paragraph (a) of subdivision 6 and  subdivi-
 sion  8  as amended by chapter 491 of the laws of 2005 and paragraph (a)
 of subdivision 8 as amended by section 6 of part N of chapter 55 of  the
 laws of 2013, are amended to read as follows:
   1. As used in this section, the following terms shall have the follow-
 ing meanings:
   (a)  "Personal  information"  shall  mean any information concerning a
 natural person which, because of name, number, personal mark,  or  other
 identifier, can be used to identify such natural person;
   (b)  "Private information" shall mean EITHER: (I) personal information
 consisting of any information in combination with any one or more of the
 following data elements, when either the DATA ELEMENT OR THE COMBINATION
 OF personal information [or] PLUS the data element is not encrypted,  or
 IS  encrypted  with  an  encryption  key  that has also been ACCESSED OR
 acquired:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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