senate Bill S133

2019-2020 Legislative Session

Relates to a notification of a security breach

download bill text pdf

Sponsored By

Current Bill Status - Stricken


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 06, 2019 recommit, enacting clause stricken
Jan 09, 2019 referred to consumer protection

Co-Sponsors

S133 (ACTIVE) - Details

See Assembly Version of this Bill:
A5635
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd Art 39-F Art Head, §899-aa, add §899-bb, Gen Bus L; amd §208, St Tech L
Versions Introduced in 2017-2018 Legislative Session:
S6933

S133 (ACTIVE) - Summary

Relates to notification of a security breach; includes credit and debit cards; increases civil penalties.

S133 (ACTIVE) - Sponsor Memo

S133 (ACTIVE) - Bill Text download pdf


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

                                   133

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sen. CARLUCCI -- 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 and the state  technology  law,
  in relation to notification of a security breach

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

  Section 1. This act shall be known and may be cited as the "Stop Hacks
and Improve Electronic Data Security Act (SHIELD Act)".
  § 2. The article heading of article 39-F of the general business  law,
as  added  by  chapter  442  of  the laws of 2005, is amended to read as
follows:
           NOTIFICATION OF UNAUTHORIZED ACQUISITION OF PRIVATE
                 INFORMATION; DATA SECURITY PROTECTIONS
  § 3. Subdivisions 1, 2, 3, 5, 6, 7 and 8  of  section  899-aa  of  the
general business law, subdivisions 1, 2, 3, 5, 6 and 7 as added by chap-
ter  442  of the laws of 2005, paragraph (c) of subdivision 1, paragraph
(a) of subdivision 6 and subdivision 8 as amended by chapter 491 of  the
laws  of 2005 and paragraph (a) of subdivision 8 as amended by section 6
of part N of chapter 55 of the laws of 2013,  are  amended  to  read  as
follows:
  1. As used in this section, the following terms shall have the follow-
ing meanings:
  (a)  "Personal  information"  shall  mean any information concerning a
natural person which, because of name, number, personal mark,  or  other
identifier, can be used to identify such natural person;
  (b)  "Private information" shall mean EITHER: (I) personal information
consisting of any information in combination with any one or more of the
following data elements, when either the DATA ELEMENT OR THE COMBINATION
OF personal information [or] PLUS the data element is not encrypted,  or

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

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