senate Bill S1749

2019-2020 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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to consumer protection
Jan 16, 2019 referred to consumer protection

Co-Sponsors

S1749 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §380-mm, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8641
2021-2022: S3003

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

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

Comments

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.