|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 10, 2018||referred to consumer protection|
senate Bill S8641
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8641 (ACTIVE) - Details
S8641 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8641 SPONSOR: SEPULVEDA TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF THE BILL: creates a private right of action for the breach of a consumer's identi- fying information SUMMARY OF SPECIFIC PROVISIONS: Section 1. Civil liability for breach of a consumer's identifying infor- mation means an individual's social security number; driver's license number; bank account number; credit or debit card number; personal iden- tification number; automated or electronic signature; unique biometric data; account passwords; or any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services.
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.
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.