assembly Bill A8884A

2017-2018 Legislative Session

Relates to a notification of a security breach

download bill text pdf

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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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2018 print number 8884a
Feb 13, 2018 amend and recommit to consumer affairs and protection
Jan 04, 2018 referred to consumer affairs and protection

A8884 - Details

See Senate Version of this Bill:
S6933A
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 2017-2018 Legislative Session:
A8756

A8884 - Summary

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

A8884 - Bill Text download pdf

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

                                  8884

                          I N  A S S E M B L Y

                             January 4, 2018
                               ___________

Introduced  by  M. of A. 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:
  (1) social security number;
  (2) driver's license number or non-driver identification card  number;
[or]

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

A8884A (ACTIVE) - Details

See Senate Version of this Bill:
S6933A
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 2017-2018 Legislative Session:
A8756

A8884A (ACTIVE) - Summary

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

A8884A (ACTIVE) - Bill Text download pdf

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

                                 8884--A

                          I N  A S S E M B L Y

                             January 4, 2018
                               ___________

Introduced  by  M. of A. TITONE -- (at request of the Department of Law)
  -- read once and referred to the Committee  on  Consumer  Affairs  and
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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:
  (1) social security number;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13619-06-8

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