NY State Senate Bill 2017-S7092

Senate Bill S7092

2017-2018 Legislative Session

Creates a temporary state commission on personal privacy and provides for its powers, functions and duties

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Archive: Last Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance

2017-S7092 (ACTIVE) - Details

See Assembly Version of this Bill:: A9768
Current Committee:: Senate Finance
Law Section:: Appropriations
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8156
2011-2012: A3599
2013-2014: A2111
2015-2016: A5871

2017-S7092 (ACTIVE) - Summary

Creates a temporary state commission on personal privacy, in light of the rapid advancement of technology in recent years, and provides for its powers, functions and duties; provides that said commission shall undertake a comprehensive study of the condition of personal privacy in the state and how best to protect it; directs the commission to report its findings and recommendations to the governor and the legislature.

2017-S7092 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7092

SPONSOR: KAVANAGH
 
TITLE OF BILL:  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 rela-
tive to the protection thereof; and providing for the repeal of such
provisions upon the expiration thereof

 
PURPOSE:

To establish a temporary state commission on personal privacy to study
personal privacy and to make recommendations as to how privacy might be
better protected.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth legislative findings.

Section 2 creates a temporary state commission on personal privacy and
defines its role.

Section 3 provides for the commission to submit a preliminary report and
a final report to governor and the legislature by specified deadlines.

Section 4 sets forth the composition of the commission.

Section 5 provides that the secretary of state shall be the chairperson
of the commission.

Section 6 provides that the members of the commission shall serve with-
out compensation, except that certain members shall be reimbursed for
their necessary and actual expenses incurred in the performance of their
duties.

Section 7 provides for access to certain governmental resources.

Section 8 provides for members of the commission to attend meetings by
video conference or similar equipment, under certain specified condi-
tions.

Section 9 sets forth the effective date and the date on which the act
shall expire and be deemed repealed.

 
JUSTIFICATION:

New York State historically has been a leader in protecting the personal
privacy of its citizens. Today, however, governmental agencies and
commercial firms are constantly gathering and distributing more and more
detailed information on the personal lives of New Yorkers. The rapid
advancement in technology in recent years has created new potential
threats to the privacy of individuals. The ability to use such technolo-
gy to collect, collate, cross-reference, and transmit personal data now
allows isolated pieces of information to be compiled into profiles of an
individual. These threats have grown greater as more and more people are
spending greater amounts of time online and technology companies and
other are developing ways to track and profit from this activity. No
state or federal agency has the responsibility for protecting, or even
understanding, personal privacy in a comprehensive way. Traditionally,
federal and state law has addressed privacy not as a comprehensive
whole, but rather in fragments such as medical privacy, telephone priva-
cy, or credit card privacy. At the very least, governments should under-
stand the facts and issues involved in what is happening, and should not
wait until threats to privacy have become a fait accompli. This bill
would help the State, in a thoughtful manner, identify ways we might
enhance protections of individuals' privacy.

 
FISCAL IMPACT ON THE STATE:

Minimal

 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

Establishes a commission that will make recommendations regarding imple-
menting or updating regulations that would enhance personal privacy
protections for individuals.

 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2016: A05871 (Kavanagh) Rules
2015: A05871 (Kavanagh) - Ways and Means
2014: A02111A (Kavanagh) - Rules
2013: A02111A (Kavanagh) - Rules
2012: A03599B (Kavanagh) - Rules
2011: A03599 (Kavanagh) - Consumer Affairs and Protection
2010: A08156A (Kavanagh) - Passed Assembly
2009: A08156A (Kavanagh) - Passed Assembly

 
EFFECTIVE DATE:
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.

2017-S7092 (ACTIVE) - Bill Text download pdf

                            
 
                     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

 S. 7092                             2
 
 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.

 S. 7092                             3
 
   § 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.

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