Assembly Bill A5736B

2023-2024 Legislative Session

Establishes the "secure our data act"

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Current 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

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Bill Amendments

2023-A5736 - Details

See Senate Version of this Bill:
S5007
Current Committee:
Assembly Governmental Operations
Law Section:
State Technology Law
Laws Affected:
Add §210, St Tech L
Versions Introduced in 2021-2022 Legislative Session:
S9005

2023-A5736 - Summary

Establishes the "secure our data act"; relates to state entities preparing for and protecting against a ransomware attack.

2023-A5736 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5736
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the state technology law, in  relation  to  establishing
   the "secure our data act"
 
   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 "secure our
 data act".
   § 2. Legislative intent. The legislature  finds  that  ransomware  and
 other  malware  attacks have affected the electronically stored personal
 information relating to thousands of people statewide  and  millions  of
 people  nationwide.  The  legislature  also  finds  that  state entities
 receive such personal information from various  sources,  including  the
 data  subjects themselves, other state entities, and the federal govern-
 ment.  In addition, the legislature finds that state entities  use  such
 personal information to make determinations regarding the data subjects.
 The  legislature  further  finds  that New Yorkers deserve to have their
 personal information that is in the possession of a state entity  stored
 in  a  manner  that  will  withstand any attempt by ransomware and other
 malware to alter, change, or encrypt such information.
   Therefore, the legislature enacts the secure our data act  which  will
 guarantee  that  state  entities  will  employ  the proper technology to
 protect the personal information stored as backup information  from  any
 unauthorized alteration or change.
   §  3.  The state technology law is amended by adding a new section 210
 to read as follows:
   § 210. RANSOMWARE AND OTHER MALWARE PROTECTION.  1.  DEFINITIONS.  FOR
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "DATA SUBJECT" SHALL MEAN THE PERSON WHO IS  THE  SUBJECT  OF  THE
 PERSONAL INFORMATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09002-01-3
              

co-Sponsors

2023-A5736A - Details

See Senate Version of this Bill:
S5007
Current Committee:
Assembly Governmental Operations
Law Section:
State Technology Law
Laws Affected:
Add §210, St Tech L
Versions Introduced in 2021-2022 Legislative Session:
S9005

2023-A5736A - Summary

Establishes the "secure our data act"; relates to state entities preparing for and protecting against a ransomware attack.

2023-A5736A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5736--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Governmental Operations -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the state technology law, in relation to establishing
   the "secure our data act"

   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 "secure our
 data act".
   §  2.  Legislative  intent.  The legislature finds that ransomware and
 other malware attacks have affected the electronically  stored  personal
 information  relating  to  thousands of people statewide and millions of
 people nationwide.  The  legislature  also  finds  that  state  entities
 receive  such  personal  information from various sources, including the
 data subjects themselves, other state entities, and the federal  govern-
 ment.    In addition, the legislature finds that state entities use such
 personal information to make determinations regarding the data subjects.
 The legislature further finds that New Yorkers  deserve  to  have  their
 personal  information that is in the possession of a state entity stored
 in a manner that will withstand any  attempt  by  ransomware  and  other
 malware to alter, change, or encrypt such information.
   Therefore,  the  legislature enacts the secure our data act which will
 guarantee that state entities  will  employ  the  proper  technology  to
 protect  the  personal information stored as backup information from any
 unauthorized alteration or change.
   § 3. The state technology law is amended by adding a new  section  210
 to read as follows:
   §  210.  RANSOMWARE  AND OTHER MALWARE PROTECTION. 1. DEFINITIONS. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09002-03-3
 A. 5736--A                          2
              

co-Sponsors

2023-A5736B (ACTIVE) - Details

See Senate Version of this Bill:
S5007
Current Committee:
Assembly Governmental Operations
Law Section:
State Technology Law
Laws Affected:
Add §210, St Tech L
Versions Introduced in 2021-2022 Legislative Session:
S9005

2023-A5736B (ACTIVE) - Summary

Establishes the "secure our data act"; relates to state entities preparing for and protecting against a ransomware attack.

2023-A5736B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5736--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by  M. of A. SOLAGES, SEAWRIGHT -- read once and referred to
   the Committee on Governmental Operations -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  recommitted  to  the  Committee on Governmental Operations in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the state technology law, in  relation  to  establishing
   the "secure our data act"
 
   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 "secure our
 data act".
   § 2. Legislative intent. The legislature  finds  that  ransomware  and
 other  malware  attacks have affected the electronically stored personal
 information relating to thousands of people statewide  and  millions  of
 people  nationwide.  The  legislature  also  finds  that  state entities
 receive such personal information from various  sources,  including  the
 data  subjects themselves, other state entities, and the federal govern-
 ment.  In addition, the legislature finds that state entities  use  such
 personal information to make determinations regarding the data subjects.
 The  legislature  further  finds  that New Yorkers deserve to have their
 personal information that is in the possession of a state entity  stored
 in  a  manner  that  will  withstand any attempt by ransomware and other
 malware to alter, change, or encrypt such information.
   Therefore, the legislature enacts the secure our data act  which  will
 guarantee  that  state  entities  will  employ  the proper technology to
 protect the personal information stored as backup information  from  any
 unauthorized alteration or change.
   §  3.  The state technology law is amended by adding a new section 210
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09002-05-4
              

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