senate Bill S6923A

2017-2018 Legislative Session

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system

download bill text pdf

Sponsored By

Current Bill Status - In Senate Consumer Protection 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2018 print number 6923a
May 09, 2018 amend (t) and recommit to consumer protection
Jan 03, 2018 referred to consumer protection
Oct 18, 2017 referred to rules

S6923 - Details

See Assembly Version of this Bill:
A8695A
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L

S6923 - Summary

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system.

S6923 - Sponsor Memo

S6923 - Bill Text download pdf

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

                                  6923

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            October 18, 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  prohibiting
  fees for security freezes by consumer credit reporting agencies in the
  case of a breach of information

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

  Section 1. Subdivision (n) of section 380-t of  the  general  business
law is amended by adding a new paragraph 3 to read as follows:
  (3)(I)  UPON  A  BREACH  OF DATA OF A CONSUMER CREDIT REPORTING AGENCY
WHICH INCLUDES ANY SOCIAL SECURITY NUMBER, SUCH AGENCY  SHALL  OFFER  TO
EACH  CONSUMER, WHOSE INFORMATION, INCLUDING SOCIAL SECURITY NUMBER, WAS
BREACHED OR IS REASONABLY BELIEVED  TO  HAVE  BEEN  BREACHED,  UNLIMITED
REASONABLE  IDENTITY THEFT PREVENTION SERVICES AND, IF APPLICABLE, IDEN-
TIFY THEFT MITIGATION SERVICES AT NO COST TO SUCH CONSUMERS. SUCH AGENCY
SHALL PROVIDE ALL INFORMATION NECESSARY FOR SUCH CONSUMER TO  ENROLL  IN
SUCH  SERVICES  AND  SHALL  INCLUDE INFORMATION ON HOW SUCH CONSUMER CAN
REQUEST A SECURITY FREEZE. SUCH SERVICES ARE NOT REQUIRED IF,  AFTER  AN
APPROPRIATE  INVESTIGATION,  THE  AGENCY  REASONABLY DETERMINES THAT THE
BREACH OF SECURITY IS UNLIKELY TO RESULT IN HARM TO THE CONSUMERS  WHOSE
INFORMATION HAS BEEN BREACHED.
  (II) UPON A BREACH OF DATA OF A CONSUMER CREDIT REPORTING AGENCY WHICH
INCLUDES ANY SOCIAL SECURITY NUMBER, NO CONSUMER CREDIT REPORTING AGENCY
SHALL,  AT ANY TIME, CHARGE A FEE TO A CONSUMER REQUESTING THE PLACEMENT
OF A SECURITY FREEZE, OR FOR ANY SUBSEQUENT REMOVAL OF A FREEZE  OR  THE
TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC PARTY OR PERIOD OF TIME OR FOR
THE ISSUANCE OF A REPLACEMENT PERSONAL IDENTIFICATION NUMBER OR PASSWORD
WHEN  THE CONSUMER FAILS TO RETAIN THE PERSONAL IDENTIFICATION NUMBER OR
PASSWORD PROVIDED TO SUCH CONSUMER BY  SUCH  CONSUMER  CREDIT  REPORTING
AGENCY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13504-03-7

S6923A (ACTIVE) - Details

See Assembly Version of this Bill:
A8695A
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L

S6923A (ACTIVE) - Summary

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system.

S6923A (ACTIVE) - Sponsor Memo

S6923A (ACTIVE) - Bill Text download pdf

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

                                 6923--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            October 18, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Consumer Protection in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the general business law, in  relation  to  requiring  a
  consumer  credit  reporting  agency to offer identity theft prevention
  and mitigation services in the case of a breach  of  the  security  of
  such agency's system

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

  Section 1. Subdivision (n) of section 380-t of  the  general  business
law is amended by adding a new paragraph 3 to read as follows:
  (3)(I) UPON A BREACH OF THE SECURITY OF THE SYSTEM OF A CONSUMER CRED-
IT  REPORTING  AGENCY  WHICH  INCLUDES  ANY SOCIAL SECURITY NUMBER, SUCH
AGENCY SHALL OFFER TO EACH CONSUMER, WHOSE INFORMATION, INCLUDING SOCIAL
SECURITY NUMBER, WAS BREACHED OR IS REASONABLY  BELIEVED  TO  HAVE  BEEN
BREACHED, REASONABLE IDENTITY THEFT PREVENTION SERVICES AND, IF APPLICA-
BLE,  IDENTIFY THEFT MITIGATION SERVICES FOR A PERIOD NOT TO EXCEED FIVE
YEARS AT NO COST TO SUCH CONSUMERS. SUCH AGENCY SHALL PROVIDE ALL INFOR-
MATION NECESSARY FOR SUCH CONSUMERS TO ENROLL IN SUCH SERVICES AND SHALL
INCLUDE INFORMATION ON HOW SUCH CONSUMERS CAN REQUEST A SECURITY FREEZE.
A CONSUMER CREDIT REPORTING AGENCY SHALL NOT BE REQUIRED TO  OFFER  SUCH
SERVICES  IF,  AFTER AN APPROPRIATE INVESTIGATION, THE AGENCY REASONABLY
DETERMINES THAT THE BREACH OF SECURITY IS UNLIKELY TO RESULT IN HARM  TO
THE CONSUMERS WHOSE INFORMATION HAS BEEN BREACHED.
  (II)  "BREACH OF THE SECURITY OF THE SYSTEM" AS USED IN THIS PARAGRAPH
SHALL HAVE THE SAME DEFINITION AS IN PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION EIGHT HUNDRED NINETY-NINE-AA OF THIS CHAPTER.
  S 2.  This act shall take effect on the sixtieth day  after  it  shall
have  become  a law and shall apply to any breach of the security of the
system of a consumer credit reporting agency that occurred no more  than
three years prior to the effective date of this act.

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

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