Assembly Bill A10091

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10091
 
                           I N  A S S E M B L Y
 
                             January 30, 2026
                                ___________
 
 Introduced by M. of A. KASSAY -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the  civil rights law, in relation to establishing a
   private right of action for malicious disclosure of personally identi-
   fying information by another individual
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  civil  rights law is amended by adding a new section
 52-e to read as follows:
   § 52-E. PRIVATE RIGHT OF ACTION FOR MALICIOUS DISCLOSURE OF PERSONALLY
 IDENTIFYING INFORMATION. 1.  ANY  PERSON  WHOSE  PERSONALLY  IDENTIFYING
 INFORMATION  WAS  INTENTIONALLY DISCLOSED BY ANOTHER INDIVIDUAL, WITHOUT
 CONSENT, FOR THE PURPOSE OF  HARASSING,  THREATENING,  INTIMIDATING,  OR
 CAUSING  HARM  TO  SUCH PERSON, OR WITH RECKLESS DISREGARD AS TO WHETHER
 SUCH DISCLOSURE WOULD CAUSE SUCH HARM, SHALL  HAVE  A  CAUSE  OF  ACTION
 AGAINST  THE  INDIVIDUAL  WHO  DISCLOSED  SUCH  INFORMATION,  WHERE SUCH
 DISCLOSURE RESULTED IN ONE OR MORE OF THE FOLLOWING:
   A. HARASSMENT;
   B. PHYSICAL HARM;
   C. SUBSTANTIAL EMOTIONAL DISTRESS;
   D. THREATS OR FEAR OF VIOLENCE;
   E. STALKING; OR
   F. DAMAGE TO SUCH PERSON'S PROPERTY OR LIVELIHOOD.
   2. IN ANY  ACTION  COMMENCED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE FINDER OF FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE OR
 DECLARATORY  RELIEF,  ACTUAL  DAMAGES  INCLUDING  FINANCIAL  LOSSES  AND
 EMOTIONAL  DISTRESS,  PUNITIVE  DAMAGES  NOT  TO  EXCEED  FIFTY THOUSAND
 DOLLARS, AND REASONABLE COURT COSTS AND ATTORNEY'S FEES.
   3. THIS SECTION SHALL NOT APPLY TO:
   A. THE REPORTING OF UNLAWFUL CONDUCT;
   B. DISCLOSURES MADE DURING LAWFUL AND COMMON PRACTICES OF LAW ENFORCE-
 MENT OR LEGAL PROCEEDINGS;
   C. DISCLOSURES MADE PURSUANT TO A LAWFUL SUBPOENA, WARRANT,  OR  COURT
 ORDER; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14505-01-6
 A. 10091                            2
 
   D.  DISCLOSURES  MADE  IN CONNECTION WITH MATTERS OF LEGITIMATE PUBLIC
 CONCERN, INCLUDING NEWS REPORTING, COMMENTARY,  OR  EXPRESSIVE  ACTIVITY
 PROTECTED  UNDER  THE  UNITED STATES CONSTITUTION OR THE CONSTITUTION OF
 THE STATE OF NEW YORK.
   4.  THE  FACT  THAT  PERSONALLY IDENTIFYING INFORMATION WAS PREVIOUSLY
 MADE AVAILABLE TO THE PUBLIC, IN WHOLE OR IN PART, SHALL NOT, BY ITSELF,
 CONSTITUTE A DEFENSE TO LIABILITY UNDER THIS SECTION, WHERE THE  DEFEND-
 ANT  INTENTIONALLY  DISCLOSED SUCH INFORMATION WITH THE INTENT TO CAUSE,
 OR WITH RECKLESS DISREGARD AS TO WHETHER SUCH  DISCLOSURE  WOULD  CAUSE,
 THE HARMS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
   5. NOTHING HEREIN SHALL BE READ TO REQUIRE A PRIOR CRIMINAL COMPLAINT,
 PROSECUTION,  OR  CONVICTION  TO  ESTABLISH THE ELEMENTS OF THE CAUSE OF
 ACTION PROVIDED FOR BY THIS SECTION.
   6. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO,  BUT  SHALL  NOT
 SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
   7.  IF  ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO ANY PERSON
 OR CIRCUMSTANCE IS HELD INVALID, SUCH INVALIDITY SHALL NOT AFFECT  OTHER
 PROVISIONS  OR  APPLICATIONS  OF  THIS SECTION WHICH CAN BE GIVEN EFFECT
 WITHOUT THE INVALID PROVISION  OR  APPLICATION,  AND  TO  THIS  END  THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE  PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   9. FOR PURPOSES OF THIS SECTION:
   A. "PERSONALLY IDENTIFYING INFORMATION"  MEANS  ANY  INFORMATION  THAT
 IDENTIFIES,  RELATES  TO,  DESCRIBES,  OR IS CAPABLE OF BEING ASSOCIATED
 WITH A SPECIFIC INDIVIDUAL AND IS NOT OTHERWISE LAWFULLY  MADE  PUBLICLY
 AVAILABLE  THROUGH GOVERNMENT RECORDS OR WIDELY ACCESSIBLE PUBLIC SOURC-
 ES.  SUCH INFORMATION INCLUDES, BUT IS NOT LIMITED TO:
   (I) A HOME ADDRESS OR PHYSICAL RESIDENCE;
   (II) A PERSONAL TELEPHONE NUMBER;
   (III) A PERSONAL EMAIL ADDRESS;
   (IV) A SOCIAL SECURITY NUMBER;
   (V) FINANCIAL ACCOUNT OR BANK ACCOUNT NUMBERS;
   (VI) DRIVER'S LICENSE OR STATE IDENTIFICATION NUMBER;
   (VII) BIOMETRIC DATA; OR
   (VIII) GEOLOCATION DATA SUFFICIENT TO IDENTIFY AN  INDIVIDUAL'S  HOME,
 WORKPLACE, SCHOOL, OR OTHER HABITUAL LOCATION.
   B.  "DISCLOSE"  MEANS  TO  PUBLISH,  POST, TRANSMIT, OR OTHERWISE MAKE
 AVAILABLE INFORMATION  TO  ANOTHER  PERSON,  EITHER  ELECTRONICALLY,  IN
 PRINT, OR THROUGH ANY MEDIUM OF COMMUNICATION.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.