senate Bill S1104A

2017-2018 Legislative Session

Relates to the timeliness of disclosure of a breach of the security of a system which contains private information

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Archive: Last Bill Status - In Senate Committee Rules 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 (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
Feb 13, 2018 advanced to third reading
Feb 12, 2018 2nd report cal.
Feb 06, 2018 1st report cal.413
Jan 03, 2018 referred to consumer protection
Jun 21, 2017 committed to rules
Jun 05, 2017 amended on third reading 1104a
Mar 01, 2017 advanced to third reading
Feb 28, 2017 2nd report cal.
Feb 14, 2017 1st report cal.250
Jan 06, 2017 referred to consumer protection

Votes

view votes

Feb 6, 2018 - Consumer Protection committee Vote

S1104A
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Feb 6, 2018

aye wr (2)

Feb 14, 2017 - Consumer Protection committee Vote

S1104
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 14, 2017

S1104 - Details

See Assembly Version of this Bill:
A7232
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S7347

S1104 - Summary

Relates to the timeliness of disclosure of a breach of the security of a system which contains private information.

S1104 - Sponsor Memo

S1104 - Bill Text download pdf


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

                                  1104

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to the  timeliness
  of  disclosure  of a breach of the security of a system which contains
  private information

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

  Section  1.  Subdivision  2  of section 899-aa of the general business
law, as added by chapter 442 of the laws of 2005, is amended to read  as
follows:
  2.  Any  person or business which conducts business in New York state,
and which owns or licenses  computerized  data  which  includes  private
information  shall  disclose  any  breach  of the security of the system
following discovery or notification of the breach in the security of the
system to any resident of New York state whose private information  was,
or  is  reasonably  believed  to have been, acquired by a person without
valid authorization. The disclosure shall be made [in the most expedient
time possible and]  without  unreasonable  delay,  consistent  with  the
legitimate  needs of law enforcement, as provided in subdivision four of
this section, or any measures necessary to determine the  scope  of  the
breach  and  restore  the reasonable integrity of the system. REASONABLE
DELAY UNDER THIS SUBDIVISION SHALL NOT EXCEED FORTY-FIVE DAYS, EXCEPT AS
PROVIDED IN SUBDIVISION FOUR OF THIS SECTION OR  UNLESS  THE  PERSON  OR
BUSINESS  SEEKING  ADDITIONAL  TIME DEMONSTRATES TO THE ATTORNEY GENERAL
THAT ADDITIONAL TIME IS REASONABLY NECESSARY TO DETERMINE THE  SCOPE  OF
THE  BREACH OF THE SECURITY SYSTEM, PREVENT FURTHER DISCLOSURES, CONDUCT
THE RISK ASSESSMENT, AND RESTORE THE REASONABLE INTEGRITY OF THE SECURI-
TY SYSTEM. IF THE ATTORNEY GENERAL DETERMINES THAT ADDITIONAL  DELAY  IS
NECESSARY  THE  AGENCY  MAY  EXTEND THE TIME PERIOD FOR NOTIFICATION FOR
ADDITIONAL PERIODS OF UP TO FORTY-FIVE DAYS  EACH.  ANY  SUCH  EXTENSION
SHALL BE PROVIDED IN WRITING.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S1104A (ACTIVE) - Details

See Assembly Version of this Bill:
A7232
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S7347

S1104A (ACTIVE) - Summary

Relates to the timeliness of disclosure of a breach of the security of a system which contains private information.

S1104A (ACTIVE) - Sponsor Memo

S1104A (ACTIVE) - Bill Text download pdf


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

                                 1104--A
    Cal. No. 250

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT to amend the general business law, in relation to the timeliness
  of disclosure of a breach of the security of a system  which  contains
  private information

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

  Section 1. Subdivision 2 of section 899-aa  of  the  general  business
law,  as added by chapter 442 of the laws of 2005, is amended to read as
follows:
  2. Any person or business which conducts business in New  York  state,
and  which  owns  or  licenses  computerized data which includes private
information shall disclose any breach of  the  security  of  the  system
following discovery or notification of the breach in the security of the
system  to any resident of New York state whose private information was,
or is reasonably believed to have been, acquired  by  a  person  without
valid authorization. The disclosure shall be made [in the most expedient
time  possible  and]  without  unreasonable  delay,  consistent with the
legitimate needs of law enforcement, as provided in subdivision four  of
this  section,  or  any measures necessary to determine the scope of the
breach and restore the reasonable integrity of  the  system.  REASONABLE
DELAY UNDER THIS SUBDIVISION SHALL NOT EXCEED FORTY-FIVE DAYS, EXCEPT AS
PROVIDED  IN  SUBDIVISION  FOUR  OF THIS SECTION OR UNLESS THE PERSON OR
BUSINESS SEEKING ADDITIONAL TIME DEMONSTRATES TO  THE  ATTORNEY  GENERAL
THAT  ADDITIONAL  TIME IS REASONABLY NECESSARY TO DETERMINE THE SCOPE OF
THE BREACH OF THE SECURITY SYSTEM, PREVENT FURTHER DISCLOSURES,  CONDUCT
THE RISK ASSESSMENT, AND RESTORE THE REASONABLE INTEGRITY OF THE SECURI-
TY  SYSTEM.  IF THE ATTORNEY GENERAL DETERMINES THAT ADDITIONAL DELAY IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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