senate Bill S8641

2017-2018 Legislative Session

Relates to creating a private right of action for the breach of a consumer's identifying information

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2018 referred to consumer protection

S8641 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §380-mm, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S1749

S8641 (ACTIVE) - Summary

Relates to creating a private right of action for the breach of a consumer's identifying information.

S8641 (ACTIVE) - Sponsor Memo

S8641 (ACTIVE) - Bill Text download pdf


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

                                  8641

                            I N  S E N A T E

                              May 10, 2018
                               ___________

Introduced by Sen. SEPULVEDA -- 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 creating a
  private right of action for the breach  of  a  consumer's  identifying
  information

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

  Section 1. The general business law is amended by adding a new section
380-mm to read as follows:
  § 380-MM. CIVIL LIABILITY  FOR  BREACH  OF  A  CONSUMER'S  IDENTIFYING
INFORMATION.  1.  FOR  PURPOSES  OF  THIS  SECTION THE TERM "IDENTIFYING
INFORMATION" MEANS AN INDIVIDUAL'S:
  (A) SOCIAL SECURITY NUMBER;
  (B) DRIVER'S LICENSE NUMBER;
  (C) BANK ACCOUNT NUMBER;
  (D) CREDIT OR DEBIT CARD NUMBER;
  (E) PERSONAL IDENTIFICATION NUMBER (PIN);
  (F) AUTOMATED OR ELECTRONIC SIGNATURE;
  (G) UNIQUE BIOMETRIC DATA;
  (H) ACCOUNT PASSWORDS; OR
  (I) ANY OTHER PIECE OF INFORMATION THAT CAN BE USED TO ACCESS AN INDI-
VIDUAL'S FINANCIAL ACCOUNTS OR TO OBTAIN GOODS OR SERVICES.
  2. A CONSUMER REPORTING AGENCY,  OR  OTHER  USER  OF  INFORMATION,  IN
POSSESSION OF A CONSUMER'S IDENTIFYING INFORMATION WHEN SUCH IDENTIFYING
INFORMATION IS IMPERMISSIBLY OBTAINED BY AN UNAUTHORIZED THIRD PARTY, IS
LIABLE TO SUCH CONSUMER IN AN AMOUNT EQUAL TO THE SUM OF:
  (A) TEN-THOUSAND DOLLARS;
  (B)  ANY  ACTUAL DAMAGES SUSTAINED BY THE CONSUMER AS A RESULT OF SUCH
BREACH OF IDENTIFYING INFORMATION; AND
  (C) IN THE CASE OF ANY SUCCESSFUL  ACTION  TO  ENFORCE  ANY  LIABILITY
UNDER  THIS  SECTION,  THE  COSTS OF THE ACTION TOGETHER WITH REASONABLE
ATTORNEY'S FEES AS DETERMINED BY THE COURT.
  § 2. This act shall take effect immediately.

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

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