senate Bill S4561

2017-2018 Legislative Session

Relates to creating the right to be forgotten act

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 21, 2017 recommit, enacting clause stricken
Feb 17, 2017 referred to codes

S4561 (ACTIVE) - Details

See Assembly Version of this Bill:
A5323
Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Add §50-f, Civ Rts L; amd §215, CPLR
Versions Introduced in 2015-2016 Legislative Session:
A10466

S4561 (ACTIVE) - Summary

Requires search engines, indexers, publishers and any other persons or entities which make available, on or through the internet or other widely used computer-based network, program or service, information about an individual to remove such information, upon the request of the individual, within thirty days of such request.

S4561 (ACTIVE) - Sponsor Memo

S4561 (ACTIVE) - Bill Text download pdf


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

                                  4561

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 17, 2017
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil rights law and  the  civil  practice  law  and
  rules, in relation to creating the right to be forgotten act

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

  Section 1. The civil rights law is amended by  adding  a  new  section
50-f to read as follows:
  §  50-F.  RIGHT TO BE FORGOTTEN ACT. 1. UPON THE REQUEST FROM AN INDI-
VIDUAL, ALL SEARCH ENGINES, INDEXERS, PUBLISHERS AND ANY  OTHER  PERSONS
OR  ENTITIES  THAT  MAKE  AVAILABLE, ON OR THROUGH THE INTERNET OR OTHER
WIDELY USED COMPUTER-BASED  NETWORK,  PROGRAM  OR  SERVICE,  INFORMATION
ABOUT  THE  REQUESTER,  SHALL  REMOVE INFORMATION, ARTICLES, IDENTIFYING
INFORMATION AND OTHER  CONTENT  ABOUT  SUCH  INDIVIDUAL,  AND  LINKS  OR
INDEXES  TO ANY OF THE SAME, THAT IS "INACCURATE", "IRRELEVANT", "INADE-
QUATE" OR "EXCESSIVE" WITHIN THIRTY DAYS OF SUCH  REQUEST,  AND  WITHOUT
REPLACING   SUCH  REMOVED  INFORMATION,  ARTICLE  OR  CONTENT  WITH  ANY
DISCLAIMER, TAKEDOWN NOTICE, HYPERLINK,  OR  OTHER  REPLACEMENT  NOTICE,
INFORMATION  OR  CONTENT, OR COOPERATING WITH ANY OTHER PERSON OR ENTITY
WHO DOES ANY OF THE FOREGOING. FOR PURPOSES OF  THIS  SECTION,  "INACCU-
RATE",  "IRRELEVANT",  "INADEQUATE",  OR "EXCESSIVE" SHALL MEAN CONTENT,
WHICH AFTER A SIGNIFICANT LAPSE IN TIME FROM ITS FIRST  PUBLICATION,  IS
NO  LONGER  MATERIAL  TO  CURRENT PUBLIC DEBATE OR DISCOURSE, ESPECIALLY
WHEN CONSIDERED IN LIGHT OF THE FINANCIAL,  REPUTATIONAL  AND/OR  DEMON-
STRABLE  OTHER  HARM  THAT  THE INFORMATION, ARTICLE OR OTHER CONTENT IS
CAUSING TO THE  REQUESTER'S  PROFESSIONAL,  FINANCIAL,  REPUTATIONAL  OR
OTHER INTEREST, WITH THE EXCEPTION OF CONTENT RELATED TO CONVICTED FELO-
NIES, LEGAL MATTERS RELATING TO VIOLENCE, OR A MATTER THAT IS OF SIGNIF-
ICANT CURRENT PUBLIC INTEREST, AND AS TO WHICH THE REQUESTER'S ROLE WITH
REGARD TO THE MATTER IS CENTRAL AND SUBSTANTIAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09707-01-7

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