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 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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2017-S4561 (ACTIVE) - Details

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

2017-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.

2017-S4561 (ACTIVE) - Sponsor Memo

2017-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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