assembly Bill A8756

2017-2018 Legislative Session

Relates to a notification of a security breach

download bill text pdf

Sponsored By

Current 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
Dec 15, 2017 enacting clause stricken
Oct 31, 2017 referred to consumer affairs and protection

Co-Sponsors

A8756 - Details

See Senate Version of this Bill:
S6933
Law Section:
General Business Law
Laws Affected:
Amd Art 39-F Art Head, §899-aa, add §899-bb, Gen Bus L; amd §208, St Tech L

A8756 - Summary

Relates to notification of a security breach; includes credit and debit cards; increases civil penalties.

A8756 - Bill Text download pdf

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

                                  8756

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            October 31, 2017
                               ___________

Introduced by M. of A. KAVANAGH, TITONE -- (at request of the Department
  of Law) -- read once and referred to the Committee on Consumer Affairs
  and Protection

AN  ACT  to amend the general business law and the state technology law,
  in relation to notification of a security breach

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

  Section  1.  This act shall be known and may be cited as the "New York
Data Security Act".
  S 2. The article heading of article 39-F of the general business  law,
as  added  by  chapter  442  of  the laws of 2005, is amended to read as
follows:
           NOTIFICATION OF UNAUTHORIZED ACQUISITION OF PRIVATE
                 INFORMATION; DATA SECURITY PROTECTIONS
  S 3. Subdivisions 1, 2, 3, 5, 6, 7 and 8  of  section  899-aa  of  the
general business law, as added by chapter 442 of the laws of 2005, para-
graph  (c) of subdivision 1, paragraph (a) of subdivision 6 and subdivi-
sion 8 as amended by chapter 491 of the laws of 2005 and  paragraph  (a)
of  subdivision 8 as amended by section 6 of part N of chapter 55 of the
laws of 2013, are amended and a new subdivision 5-a is added to read  as
follows:
  1. As used in this section, the following terms shall have the follow-
ing meanings:
  (a)  "Personal  information"  shall  mean any information concerning a
natural person which, because of name, number, personal mark,  or  other
identifier, can be used to identify such natural person;
  (b)  "Private information" shall mean EITHER: (I) personal information
consisting of any information in combination with any one or more of the
following data elements, when either the  personal  information  or  the
data  element is not encrypted, or encrypted with an encryption key that
has also been ACCESSED OR acquired:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13619-04-7

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