NY State Senate Bill 2023-S4500

Senate Bill S4500

2023-2024 Legislative Session

Prohibits persons or business entities from filing unnecessary personal identifying information with an agency

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection
Feb 09, 2023	referred to consumer protection

2023-S4500 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-jj, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7575
2015-2016: S307
2017-2018: S2141
2019-2020: S2121
2021-2022: S3173

2023-S4500 (ACTIVE) - Summary

Prohibits persons or business entities from filing unnecessary personal identifying information with an agency; provides for enforcement by the attorney general.

2023-S4500 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4500

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the general business law, in relation to personal infor-
mation restrictions for public records

 
PURPOSE OF GENERAL IDEA OF BILL:

The purpose of this bill is to protect the privacy of New York State
residents, by prohibiting the filing of unnecessary identifying informa-
tion with government entities.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would prohibit any person or business entity from filing with
the State or any political subdivision or any division or department
thereof, any personal identifying information which is not relevant and
necessary to accomplish the purpose of the filing, or not required by
state or federal law, rule or regulation, or by court rule, without the
consent of the individual. The bill would also require agencies that

receive instruments for filing to post a prominent notice describing the
above prohibition. Lastly, the bill would authorize the Attorney General
to enforce the provisions of this section by seeking an injunction
against a violator.

 
JUSTIFICATION:

This bill would protect the privacy of New York State residents by
prohibiting the filing of unnecessary personal identifying information
with government entities. Such filings are records to which the general
public may obtain access. Often documents such as mortgages and judg-
ments are filed with government entities for public purpose and contain
personal information not required by the statutory filing requirements.
While rare, there have been instances when copies of a person's drivers
license and credit card were submitted as part of a filing. This sensi-
tive information should not be publicly available. Furthermore, as more
and more localities implement systems allowing for public access of
records via the Internet, the need to ensure that vulnerable personal
information in not included in such records is critical.

As the incidence of identity theft continues to rise, it is essential
that precautions are implemented to ensure that personal identifying
information does not become available to unauthorized persons.

 
PRIOR LEGISLATIVE HISTORY:

2021-22 REFERRED TO SENATE CONSUMER PROTECTION

2021-22 referred to assembly governmental operations

2020 REFERRED TO SENATE CONSUMER PROTECTION

2020 passed assembly

2019 SENATE THIRD READING

2019 passed assembly
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
90 days after enactment.

2023-S4500 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4500
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 personal infor-
   mation restrictions for public records
 
   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
 399-jj to read as follows:
   § 399-JJ. PERSONAL INFORMATION RESTRICTIONS FOR PUBLIC RECORDS.  1. NO
 PERSON  OR  BUSINESS  ENTITY  SHALL  INTENTIONALLY  CREATE AN INSTRUMENT
 AVAILABLE FOR PUBLIC INSPECTION THAT IS TO BE FILED WITH OR SUBMITTED TO
 AN AGENCY CONTAINING  PERSONAL  IDENTIFYING  INFORMATION  OF  ANY  OTHER
 PERSON,  UNLESS  SUCH OTHER PERSON IS A DEPENDENT CHILD OR HAS CONSENTED
 TO THE INCLUSION OF SUCH PERSONAL IDENTIFYING INFORMATION, WHICH IS NOT:
   (A) RELEVANT AND NECESSARY TO ACCOMPLISH THE PURPOSE OF THE FILING; OR
   (B) REQUIRED BY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, OR BY
 COURT RULE.
   FOR THE PURPOSE OF THIS SECTION, THE PRINTING OR OTHER REPRODUCTION OF
 A DOCUMENT RECEIVED BY ELECTRONIC OR ANY OTHER MEANS DOES NOT CONSTITUTE
 CREATION OF THE DOCUMENT.
   2. ANY AGENCY THAT RECEIVES INSTRUMENTS FOR FILING  SHALL  POST  IN  A
 PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO OR NEAR THE
 LOCATION WHERE SUCH AGENCY HAS DESIGNATED FOR THE RECEIPT OF INSTRUMENTS
 FOR FILING, A NOTICE DESCRIBING THE PROHIBITION CONTAINED IN SUBDIVISION
 ONE  OF  THIS SECTION AND SUBDIVISION SIX OF SECTION THREE HUNDRED NINE-
 TY-NINE-DDD OF THIS ARTICLE.
   3. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL MEAN:
   (A) "AGENCY" MEANS ANY STATE OR MUNICIPAL DEPARTMENT,  BOARD,  BUREAU,
 DIVISION,  COMMISSION,  COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPORATION,
 COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING  A  GOVERNMENTAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09039-01-3
 S. 4500                             2

 
 OR  PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE MUNICIPALITIES
 THEREOF, EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE;
   (B)  "PERSONAL  IDENTIFYING  INFORMATION"  MEANS  A  DRIVER'S  LICENSE
 NUMBER, MOTHER'S MAIDEN NAME, CONSUMER CREDIT ACCOUNT  NUMBER  OR  CODE,
 SAVINGS  ACCOUNT  NUMBER  OR  CODE,  CHECKING ACCOUNT NUMBER OR CODE, OR
 DEBIT CARD NUMBER OR CODE.
   4. UPON ANY VIOLATION OF THE PROVISIONS OF THIS SECTION,  AN  APPLICA-
 TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
 THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
 AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE
 DAYS,  TO  ENJOIN  AND  RESTRAIN THE CONTINUANCE OF THE VIOLATION. IF IT
 SHALL APPEAR TO THE SATISFACTION  OF  THE  COURT  OR  JUSTICE  THAT  THE
 DEFENDANT  HAS VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE
 COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
 OUT REQUIRING PROOF THAT ANY  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR
 DAMAGED  THEREBY.  IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES
 TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)
 OF  SECTION EIGHT THOUSAND THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW
 AND RULES, AND DIRECT RESTITUTION. IN  CONNECTION  WITH  AN  APPLICATION
 MADE  UNDER  THIS  SECTION,  THE  ATTORNEY GENERAL IS AUTHORIZED TO TAKE
 PROOF AND TO MAKE A DETERMINATION OF THE RELEVANT  FACTS  AND  TO  ISSUE
 SUBPOENAS  IN  ACCORDANCE  WITH  THE  CIVIL  PRACTICE LAW AND RULES. ANY
 PENALTY OR INJUNCTION FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION
 SHALL BE ASSESSED AGAINST THE PERSON OR BUSINESS ENTITY THAT CREATED THE
 INSTRUMENT. NO PERSON, BUSINESS ENTITY OR AGENCY SHALL BE DEEMED TO HAVE
 VIOLATED THE PROVISIONS OF SUBDIVISION  ONE  OF  THIS  SECTION  IF  SUCH
 PERSON,  BUSINESS ENTITY OR AGENCY HAD NO INVOLVEMENT IN THE CREATION OF
 THE INSTRUMENT, OR CREATED THE INSTRUMENT WITHOUT THE INTENTION OR KNOW-
 LEDGE THAT THE INSTRUMENT WAS TO BE FILED WITH AN AGENCY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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