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Assembly Bill A2374

Signed By Governor

2019-2020 Legislative Session

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system

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Archive: Last Bill Status - Signed by Governor

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2019-A2374 (ACTIVE) - Details

See Senate Version of this Bill:
S3582
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
A8695, S6923

2019-A2374 (ACTIVE) - Summary

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system.

2019-A2374 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2374
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. DINOWITZ, BUCHWALD, GOTTFRIED, SIMON, SEAWRIGHT,
   SIMOTAS, BARRON, THIELE, FAHY, WRIGHT, GUNTHER, SOLAGES, ORTIZ, BRAUN-
   STEIN, WILLIAMS, OTIS, L. ROSENTHAL, SANTABARBARA, GALEF -- read  once
   and referred to the Committee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to requiring a
   consumer credit reporting agency to offer  identity  theft  prevention
   and  mitigation  services  in  the case of a breach of the security of
   such agency's system
 
   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)(I) UPON A BREACH OF THE SECURITY OF THE SYSTEM OF A CONSUMER CRED-
 IT REPORTING AGENCY WHICH INCLUDES  ANY  SOCIAL  SECURITY  NUMBER,  SUCH
 AGENCY SHALL OFFER TO EACH CONSUMER, WHOSE INFORMATION, INCLUDING SOCIAL
 SECURITY  NUMBER,  WAS  BREACHED  OR IS REASONABLY BELIEVED TO HAVE BEEN
 BREACHED, REASONABLE IDENTITY THEFT PREVENTION SERVICES AND, IF APPLICA-
 BLE, IDENTIFY THEFT MITIGATION SERVICES FOR A PERIOD NOT TO EXCEED  FIVE
 YEARS AT NO COST TO SUCH CONSUMERS. SUCH AGENCY SHALL PROVIDE ALL INFOR-
 MATION NECESSARY FOR SUCH CONSUMERS TO ENROLL IN SUCH SERVICES AND SHALL
 INCLUDE INFORMATION ON HOW SUCH CONSUMERS CAN REQUEST A SECURITY FREEZE.
 A  CONSUMER  CREDIT REPORTING AGENCY SHALL NOT BE REQUIRED TO OFFER SUCH
 SERVICES IF, AFTER AN APPROPRIATE INVESTIGATION, THE  AGENCY  REASONABLY
 DETERMINES  THAT THE BREACH OF SECURITY IS UNLIKELY TO RESULT IN HARM TO
 THE CONSUMERS WHOSE INFORMATION HAS BEEN BREACHED.
   (II) "BREACH OF THE SECURITY OF THE SYSTEM" AS USED IN THIS  PARAGRAPH
 SHALL HAVE THE SAME DEFINITION AS IN PARAGRAPH (C) OF SUBDIVISION ONE OF
 SECTION EIGHT HUNDRED NINETY-NINE-AA OF THIS CHAPTER.
   §  2.    This act shall take effect on the sixtieth day after it shall
 have become a law and shall apply to any breach of the security  of  the
 system  of a consumer credit reporting agency that occurred no more than
 three years prior to the effective date of this act.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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