| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 20, 2018 |
committed to rules |
| Feb 13, 2018 |
advanced to third reading |
| Feb 12, 2018 |
2nd report cal. |
| Feb 06, 2018 |
1st report cal.413 |
| Jan 03, 2018 |
referred to consumer protection |
| Jun 21, 2017 |
committed to rules |
| Jun 05, 2017 |
amended on third reading 1104a |
| Mar 01, 2017 |
advanced to third reading |
| Feb 28, 2017 |
2nd report cal. |
| Feb 14, 2017 |
1st report cal.250 |
| Jan 06, 2017 |
referred to consumer protection |
Senate Bill S1104A
2017-2018 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
Actions
Votes
Bill Amendments
2017-S1104 - Details
- See Assembly Version of this Bill:
- A7232
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Amd §899-aa, Gen Bus L
- Versions Introduced in 2015-2016 Legislative Session:
-
S7347
2017-S1104 - Sponsor Memo
BILL NUMBER: S1104
TITLE OF BILL : 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
PURPOSE :
To update New York's data breach law to include a definitive timetable
for notification to consumers of a security breach.
SUMMARY OF PROVISIONS :
Section 1: Amends subdivision 2 of section 899-aa of the general
business law by adding a definitive timetable for notification to
consumers' that a breach of their personal information has occurred.
Under the current law, consumers must be notified in the most
expedient time possible and without unreasonable day. This bill
maintains that consumers must be notified in the most expedient time
possible but adds a requirement that notification must occur within 45
days. Additionally, this bill defines reasonable delay includes
determining the scope of the breach, preventing further disclosures,
conducting a risk assessment, and restoring the integrity of the
security system. If the Attorney General determines that additional
time is necessary, notification may be delayed for another period of
45 days.
2017-S1104 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1104
2017-2018 Regular Sessions
I N S E N A T E
January 6, 2017
___________
Introduced by Sen. VALESKY -- 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 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-S1104A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7232
- Current Committee:
- Senate Rules
- Law Section:
- General Business Law
- Laws Affected:
- Amd §899-aa, Gen Bus L
- Versions Introduced in 2015-2016 Legislative Session:
-
S7347
2017-S1104A (ACTIVE) - Sponsor Memo
BILL NUMBER: S1104A
TITLE OF BILL : 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
PURPOSE :
To update New York's data breach law to include a definitive timetable
for notification to consumers of a security breach.
SUMMARY OF PROVISIONS :
Section 1: Amends subdivision 2 of section 899-aa of the general
business law by adding a definitive timetable for notification to
consumers' that a breach of their personal information has occurred.
Under the current law, consumers must be notified in the most
expedient time possible and without unreasonable day. This bill
maintains that consumers must be notified in the most expedient time
possible but adds a requirement that notification must occur within 45
days. Additionally, this bill defines reasonable delay includes
determining the scope of the breach, preventing further disclosures,
conducting a risk assessment, and restoring the integrity of the
security system. If the Attorney General determines that additional
time is necessary, notification may be delayed for another period of
45 days.
2017-S1104A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1104--A
Cal. No. 250
2017-2018 Regular Sessions
I N S E N A T E
January 6, 2017
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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