Assembly Bill A8756

2017-2018 Legislative Session

Relates to a notification of a security breach

download bill text pdf

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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-A8756 (ACTIVE) - 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
Versions Introduced in 2019-2020 Legislative Session:
S133, S5575

2017-A8756 (ACTIVE) - Summary

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

2017-A8756 (ACTIVE) - 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".
   § 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
   § 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.
              

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