assembly Bill A5323

2017-2018 Legislative Session

Relates to creating the right to be forgotten act

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2017 referred to governmental operations

A5323 - Details

Current Committee:
Law Section:
Civil Rights Law
Laws Affected:
Add §50-f, Civ Rts L; amd §215, CPLR

A5323 - 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.

A5323 - Bill Text download pdf

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

                                  5323

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2017
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Governmental Operations

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:
  S 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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