|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to consumer protection|
|Jan 16, 2019||referred to consumer protection|
senate Bill S1749
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
S1749 (ACTIVE) - Details
S1749 (ACTIVE) - Summary
Relates to creating a private right of action for the breach of a consumer's identifying information such as their social security number, driver's license number, bank account number, credit or debit card number, personal identification number, automated or electronic signature, unique biometric data, account passwords or other information that can be used to access an individual's financial accounts or to obtain goods and services.
S1749 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1749 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
S1749 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1749 2019-2020 Regular Sessions I N S E N A T E January 16, 2019 ___________ 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07265-01-9
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