Assembly Bill A3088

2021-2022 Legislative Session

Requires certain businesses to offer identity theft prevention and mitigation services in the case of a security breach

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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

co-Sponsors

2021-A3088 (ACTIVE) - Details

See Senate Version of this Bill:
S3161
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7897, S5721
2023-2024: A1725, S700

2021-A3088 (ACTIVE) - Summary

Requires certain businesses to offer identity theft prevention and mitigation services in the case of a security breach; exempts businesses under financial hardship.

2021-A3088 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3088
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   certain businesses to offer identity theft prevention  and  mitigation
   services in the case of a security breach

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 899-aa of  the  general  business
 law,  as renumbered by chapter 117 of the laws of 2019, is renumbered to
 be subdivision 11 and a new subdivision 10 is added to read as follows:
   10. (A) WHERE A SECURITY BREACH FROM A PERSON OR BUSINESS OTHER THAN A
 CONSUMER CREDIT REPORTING AGENCY INCLUDES A SOCIAL SECURITY NUMBER,  AND
 THAT  PERSON OR BUSINESS IS REQUIRED TO PROVIDE NOTICE UNDER SUBDIVISION
 TWO OF THIS SECTION, THAT PERSON OR BUSINESS SHALL OFFER  EACH  RESIDENT
 OF  THIS  STATE WHOSE SOCIAL SECURITY NUMBER WAS DISCLOSED IN THE BREACH
 OF SECURITY OR IS REASONABLY BELIEVED TO  HAVE  BEEN  DISCLOSED  IN  THE
 BREACH  OF SECURITY, REASONABLE CREDIT REPORT MONITORING, IDENTITY THEFT
 PREVENTION  SERVICES  AND,  IF  APPLICABLE,  IDENTITY  THEFT  MITIGATION
 SERVICES AT NO COST TO SAID RESIDENT FOR A PERIOD OF NOT LESS THAN TWEN-
 TY-FOUR  MONTHS.  THE  DISCLOSURE  REQUIRED  BY  SUBDIVISION TWO OF THIS
 SECTION SHALL INCLUDE INFORMATION FOR ANY RESIDENT  OF  NEW  YORK  STATE
 WHOSE  SOCIAL SECURITY NUMBER WAS DISCLOSED AS A RESULT OF A DATA BREACH
 TO OBTAIN FREE, REASONABLE  CREDIT  REPORT  MONITORING,  IDENTITY  THEFT
 PREVENTION  SERVICES  AND,  IF  APPLICABLE,  IDENTITY  THEFT  MITIGATION
 SERVICES AS DESCRIBED IN THIS SECTION.
   (B) THE REQUIREMENT TO PROVIDE TWENTY-FOUR MONTHS  OF  IDENTITY  THEFT
 MITIGATION  SERVICES  SHALL  NOT APPLY TO ANY INDIVIDUAL PERSON OR SMALL
 BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE  OF  THE  ECONOMIC
 DEVELOPMENT LAW THAT CAN DEMONSTRATE A FINANCIAL HARDSHIP DIRECTLY OWING
 TO  SUCH  COMPLIANCE. A REQUEST FOR A FINANCIAL HARDSHIP WAIVER SHALL BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05740-01-1
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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