assembly Bill A8884B

2017-2018 Legislative Session

Relates to a notification of a security breach

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2018 referred to rules
delivered to senate
passed assembly
Jun 18, 2018 ordered to third reading rules cal.244
rules report cal.244
reported
Jun 13, 2018 reported referred to rules
Jun 11, 2018 reported referred to ways and means
Jun 04, 2018 reported referred to codes
Jun 01, 2018 print number 8884b
Jun 01, 2018 amend and recommit to consumer affairs and protection
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:
S6933B
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 - Details

See Senate Version of this Bill:
S6933B
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 - Summary

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

A8884A - 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

Co-Sponsors

A8884B (ACTIVE) - Details

See Senate Version of this Bill:
S6933B
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

A8884B (ACTIVE) - Summary

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

A8884B (ACTIVE) - Bill Text download pdf

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

                                 8884--B

                          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 -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted 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 "Stop Hacks
and Improve Electronic Data Security Act (SHIELD 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 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 DATA ELEMENT OR THE COMBINATION
OF personal information [or] PLUS the data element is not encrypted,  or
IS  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.