assembly Bill A5635B

Signed By Governor
2019-2020 Legislative Session

Relates to a notification of a security breach

download bill text pdf

Sponsored By

Current Bill Status Via S5575 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed 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 (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 25, 2019 signed chap.117
Jul 22, 2019 delivered to governor
Jun 17, 2019 returned to senate
passed assembly
ordered to third reading rules cal.135
substituted for a5635b
Jun 17, 2019 substituted by s5575b
Jun 13, 2019 amended on third reading 5635b
Jun 11, 2019 ordered to third reading rules cal.135
rules report cal.135
reported
Jun 05, 2019 reported referred to rules
May 21, 2019 print number 5635a
May 21, 2019 amend and recommit to ways and means
May 07, 2019 reported referred to ways and means
Apr 30, 2019 reported referred to codes
Feb 14, 2019 referred to consumer affairs and protection

Votes

view votes

May 30, 2019 - Consumer Protection committee Vote

S5575A
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 30, 2019

aye wr (2)

A5635 - Details

See Senate Version of this Bill:
S5575
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

A5635 - Summary

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

A5635 - Bill Text download pdf


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

                                  5635

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2019
                               ___________

Introduced  by  M.  of  A. DenDEKKER -- (at request of the Department of
  Law) -- read once and referred to the Committee  on  Consumer  Affairs
  and 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.
                                                           LBD05343-01-9

Co-Sponsors

A5635A - Details

See Senate Version of this Bill:
S5575
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

A5635A - Summary

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

A5635A - Bill Text download pdf


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

                                 5635--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2019
                               ___________

Introduced  by  M.  of  A. DenDEKKER -- (at request of the Department of
  Law) -- read once and referred to the Committee  on  Consumer  Affairs
  and  Protection  -- reported and referred to the Committee on Codes --
  reported and referred to the Committee on Ways and Means --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

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

Co-Sponsors

A5635B (ACTIVE) - Details

See Senate Version of this Bill:
S5575
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

A5635B (ACTIVE) - Summary

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

A5635B (ACTIVE) - Bill Text download pdf


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

                                 5635--B
                                                           R. R. 135

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2019
                               ___________

Introduced  by  M. of A. DenDEKKER, PAULIN -- (at request of the Depart-
  ment of Law) -- read once and referred to the  Committee  on  Consumer
  Affairs  and  Protection  -- reported and referred to the Committee on
  Codes -- reported and referred to the Committee on Ways and  Means  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported and referred to the  Commit-
  tee on Rules -- amended on the special order of third reading, ordered
  reprinted  as  amended,  retaining  its  place on the special order of
  third reading

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, subdivision  9
is renumbered subdivision 10 and a new subdivision 9 is added to read as
follows:
  1. As used in this section, the following terms shall have the follow-
ing meanings:

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

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.