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Senate Bill S2704

2019-2020 Legislative Session

Relates to a consumer credit reporting agency's actions following a security breach

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2019-S2704 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S7038

2019-S2704 (ACTIVE) - Summary

Prohibits consumer credit reporting agencies from charging a fee to a consumer requesting the placement of a security freeze.

2019-S2704 (ACTIVE) - Sponsor Memo

2019-S2704 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2704
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  a  consumer
   credit reporting agency's actions following a security breach
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (n) of section 380-t of  the  general  business
 law is amended by adding a new paragraph 3 to read as follows:
   (3)  NO  CONSUMER  CREDIT  REPORTING  AGENCY  SHALL  CHARGE A FEE TO A
 CONSUMER REQUESTING THE PLACEMENT OF A SECURITY FREEZE OR THE LIFTING OF
 A SECURITY FREEZE FOLLOWING A  SECURITY  BREACH  OF  A  CONSUMER  CREDIT
 REPORTING AGENCY.
   FOR  THE  PURPOSES  OF  THIS  PARAGRAPH, THE TERM "BREACH OF SECURITY"
 SHALL MEAN THE UNAUTHORIZED DISCLOSURE OR USE BY AN EMPLOYEE OR AGENT OF
 AN AGENCY, OR THE UNAUTHORIZED  POSSESSION  BY  SOMEONE  OTHER  THAN  AN
 EMPLOYEE OR AGENT OF AN AGENCY, OF PERSONAL IDENTIFYING INFORMATION THAT
 COMPROMISES  THE SECURITY, CONFIDENTIALITY OR INTEGRITY OF SUCH INFORMA-
 TION. GOOD FAITH OR INADVERTENT POSSESSION OF ANY  PERSONAL  IDENTIFYING
 INFORMATION  BY  AN  EMPLOYEE  OR  AGENT OF AN AGENCY FOR THE LEGITIMATE
 PURPOSES OF THE AGENCY, AND GOOD FAITH OR LEGALLY MANDATED DISCLOSURE OF
 ANY PERSONAL IDENTIFYING INFORMATION BY AN EMPLOYEE OR AGENT OF AN AGEN-
 CY FOR THE LEGITIMATE PURPOSES OF THE  AGENCY  SHALL  NOT  CONSTITUTE  A
 BREACH OF SECURITY.
   §  2.  This  act  shall take effect immediately and shall apply to any
 data breach that occurred on or after January 1, 2019.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04123-01-9

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