Senate Bill S3235

2023-2024 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 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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2023-S3235 (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
2021-2022: S3003

2023-S3235 (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.

2023-S3235 (ACTIVE) - Sponsor Memo

2023-S3235 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3235
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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.
                                                            LBD07957-01-3
 S. 3235                             2
 
              

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