senate Bill S3003

2021-2022 Legislative Session

Creates a private right of action for the breach of a consumer's identifying information

download bill text pdf

Sponsored By

Current 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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 27, 2021 referred to consumer protection

Co-Sponsors

S3003 (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
2019-2020: S1749

S3003 (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.

S3003 (ACTIVE) - Sponsor Memo

S3003 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3003
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. SEPULVEDA, BIAGGI -- 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.
                                                            LBD03650-01-1

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