Senate Bill S7092

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7092
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT in relation to creating a temporary state commission on  personal
   privacy  to examine and assess the privacy of individuals in the state
   of New York and to make recommendations  relative  to  the  protection
   thereof;  and  providing  for  the  repeal of such provisions upon the
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. New York state historically has been a leader in protecting
 the  personal  privacy  of its citizens. Today governmental agencies and
 commercial firms are constantly gathering and distributing more and more
 detailed information on the personal lives of the citizens of New  York.
 The  rapid  advancement  in  technology  in recent years has created new
 potential threats to the privacy of individuals. The ability to collect,
 collate, and transmit personal data  using  information  technology  now
 allows  isolated  pieces  of information on an individual to be compiled
 into profiles of the individual. No comprehensive federal or  state  law
 governs  personal  privacy,  nor  is any federal or state agency charged
 with the sole responsibility of identifying  personal  privacy  problems
 that  need to be addressed and encouraging the development and enactment
 of policies aimed at protecting individuals' privacy. A thorough  under-
 standing  of  the  potential dangers to personal privacy is necessary in
 order that the legislature may take the appropriate steps to protect the
 privacy of the state's citizens at this pivotal point in time.
   § 2. A temporary state commission is hereby established to be known as
 the "commission  on  personal  privacy".  The  role  of  the  commission
 includes, but is not limited to:
   (a) assessing the level of citizen concern about personal privacy and,
 to  the extent possible, the incidence of privacy intrusions suffered by
 New York citizens;
   (b) examining the practices of state and local  governmental  agencies
 and  businesses  related to the collection, storage, and distribution of
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02834-01-7

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 personal information and assessing the potential privacy issues  associ-
 ated with such collection, storage and distribution;
   (c)  assessing  the  scope  and  effectiveness of existing federal and
 state privacy protection laws and self-regulatory efforts undertaken  by
 businesses in protecting personal privacy;
   (d)  recommending  appropriate  legislative and administrative reforms
 relating to state systems that collect and maintain personal information
 of employees, public retirees and other persons to ensure that  personal
 information is not subject to misappropriation; and
   (e)  recommending  appropriate legislation relating to the collection,
 storage, and distribution  of  personal  information  by  businesses  to
 ensure that personal information is not subject to misappropriation.
   §  3.  The  commission shall make a preliminary report to the governor
 and the legislature of its findings,  conclusions,  and  recommendations
 not later than the one hundred eightieth day after the effective date of
 this section and a final report of its findings, conclusions, and recom-
 mendations  not  later  than  one  year after the effective date of this
 section, and shall submit with its reports such legislative proposals as
 it deems necessary to implement its recommendations.
   § 4. The commission shall consist of a total of  fifteen  members  who
 shall  be appointed not later than the thirtieth day after the effective
 date of this section and shall include the superintendent of the depart-
 ment of financial services, the secretary of state, the director of  the
 office  of information technology services, and the attorney general, or
 a designee of any of  said  officers.  The  remaining  eleven,  at-large
 members  shall  be appointed as follows: three shall be appointed by the
 governor; three shall be appointed by the  temporary  president  of  the
 senate  and  one  by  the  minority leader of the senate; three shall be
 appointed by the speaker of the assembly and one by the minority  leader
 of the assembly. One each of the appointments of the governor, temporary
 president  of  the  senate,  and  the speaker of the assembly shall be a
 member, officer, or employee of a consumer advocacy organization.    One
 of  the  appointments  of  the  governor  shall be a member, officer, or
 employee of a statewide association representing and advocating for  the
 interests  of businesses. One of the appointments of the governor  shall
 be a member, officer, or employee of a statewide association  represent-
 ing  and  advocating  for the interests of local governments. One of the
 appointments of the speaker of the assembly shall be an  individual  who
 has  conducted  academic research on personal privacy protection. One of
 the appointments of the speaker of the assembly shall be a member, offi-
 cer, or employee of a manufacturer of systems used by  state  and  local
 governments to electronically store data. One of the appointments of the
 temporary president of the senate shall be a member, officer, or employ-
 ee  of a statewide trade association representing the health care indus-
 try. One of the appointments of the temporary president  of  the  senate
 shall be a member, officer, or employee of a statewide trade association
 representing financial institutions. An organization shall be considered
 a  consumer  advocacy organization if it advocates for enhanced consumer
 protection in the marketplace, educates consumers,  and  researches  and
 analyzes consumer issues, including consumers' right to privacy.
   §  5. The secretary of state shall serve as chairperson of the commis-
 sion. The commission may  consult  with  any  organization,  educational
 institution, governmental agency, or person.
   §  6.  The members of the commission shall serve without compensation,
 except that at-large members shall be allowed their necessary and actual
 expenses incurred in the performance of their duties under this act.

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   § 7. The department of state shall provide the  commission  with  such
 facilities,  assistance, and data as will enable the commission to carry
 out its powers and duties. Additionally, all other departments or  agen-
 cies  of  the state or subdivisions thereof shall, at the request of the
 chairperson,  provide  the  task force with such facilities, assistance,
 and data as will enable the commission  to  carry  out  its  powers  and
 duties.
   §  8.  With the approval of the chairperson of the commission, members
 of the commission may participate in meetings of the commission by means
 of videoconference or similar equipment that allows all members  partic-
 ipating in such meetings to see and hear each other at the same time and
 allows  the  public  attending the meeting in person to see and hear the
 members of the commission participating in such manner.
   § 9. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a law and shall expire and be deemed repealed on the three
 hundred ninety-fifth day after it shall have taken effect.