senate Bill S6889

2017-2018 Legislative Session

Enacts the "identity theft prevention and breach notification act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Rules Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

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.
Use this box to enter a message to your senator.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 29, 2017 referred to rules

S6889 - Details

Law Section:
General Business Law
Laws Affected:
Amd ยง899-aa, Gen Bus L

S6889 - Summary

Enacts the "identity theft prevention and breach notification act"; provides that prior to a disclosure of a security breach, a preliminary notification that such breach has occurred or may have occurred shall be made of any resident of this state whose private information was, or is reasonably believed to have been, acquired by a person without valid authorization within 48 hours of the time of discovery of such breach; further requires that a preliminary notification of such breach be made to the attorney general within 24 hours of the time of the discovery of such breach.

S6889 - Sponsor Memo

S6889 - Bill Text download pdf

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

                                  6889

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                           September 29, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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. This act may be cited as the "identity theft prevention and
breach notification act".
  S  2.  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 legit-
imate 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.    PRIOR  TO  SUCH
DISCLOSURE,  A  PRELIMINARY NOTIFICATION THAT SUCH A BREACH HAS OCCURRED
OR MAY HAVE OCCURRED SHALL BE MADE 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  WITHIN  FORTY-EIGHT
HOURS  OF THE TIME OF DISCOVERY OF SUCH BREACH. ADDITIONALLY, A PRELIMI-
NARY NOTIFICATION THAT SUCH A BREACH HAS OCCURRED OR MAY  HAVE  OCCURRED
SHALL  BE  MADE  TO THE ATTORNEY GENERAL WITHIN TWENTY-FOUR HOURS OF THE
TIME OF THE DISCOVERY OF SUCH BREACH.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13552-01-7

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.