Senate Bill S8103

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8103
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Banks
 
 AN ACT to amend the financial services law, in relation to enacting  the
   "department of financial services open 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 "department
 of financial services open data act".
   § 2. Legislative findings. The legislature finds that the  release  of
 data,  in  a format that is easily accessible, understandable and usable
 by the public, can increase civic engagement with government.  In  addi-
 tion, in a department providing a public service and operating an enter-
 prise  as  vital as that of the Department of Financial Services, trans-
 parency in data is in the public's best interest. It is  the  intent  of
 the legislature that the department and its subsidiaries release as much
 data  as is feasible in open formats, so that the public can access that
 data, analyze it, and engage with the department  with  suggestions  and
 solutions to improve its operations.
   § 3. The financial services law is amended by adding a new section 208
 to read as follows:
   § 208. OPEN DATA REPORTING. (A) THE DEPARTMENT SHALL FULLY COMPLY WITH
 THE  PROVISIONS  OF  EXECUTIVE  ORDER  95  OF 2013, "USING TECHNOLOGY TO
 PROMOTE TRANSPARENCY, IMPROVE GOVERNMENT PERFORMANCE AND ENHANCE CITIZEN
 ENGAGEMENT", AND SHALL PROVIDE THE NEW YORK STATE OFFICE OF  INFORMATION
 TECHNOLOGY   SERVICES  AND  THE  LEGISLATURE  ALL  DATA  AS  DEFINED  IN
 SUBSECTION (B) OF THIS SECTION.
   (B) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (1)  "OPEN  DATA  WEBSITE"  SHALL MEAN THE WEBSITE DATA.NY.GOV OR SUCH
 OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF,  THE  STATE,  AS
 DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION TECHNOLO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13141-01-5
              

 S. 8103                             2
 
 GY SERVICES UNDER EXECUTIVE ORDER 95 OF 2013, OR ANY SUCCESSOR AGENCY OR
 ORDER;
   (2)  "DATA" SHALL MEAN FINAL VERSIONS OF STATISTICAL OR FACTUAL INFOR-
 MATION THAT: (I) ARE IN ALPHANUMERIC FORM REFLECTED IN  A  LIST,  TABLE,
 GRAPH,  CHART  OR OTHER NON-NARRATIVE FORM, THAT CAN BE DIGITALLY TRANS-
 MITTED OR PROCESSED; (II) ARE REGULARLY CREATED OR MAINTAINED BY  OR  ON
 BEHALF  OF THE DEPARTMENT AND ARE CONTROLLED BY THE SAME DEPARTMENT; AND
 (III) RECORD A MEASUREMENT, TRANSACTION OR DETERMINATION RELATED TO  THE
 MISSION  OF  THE  DEPARTMENT.    THE TERM "DATA" SHALL NOT INCLUDE IMAGE
 FILES, SUCH AS DESIGNS, DRAWINGS, PHOTOS OR SCANNED COPIES  OF  ORIGINAL
 DOCUMENTS; PROVIDED, HOWEVER, THAT THE TERM "DATA" SHALL INCLUDE STATIS-
 TICAL  OR  FACTUAL INFORMATION ABOUT IMAGE FILES AND GEOGRAPHIC INFORMA-
 TION SYSTEM DATA;
   (3) "DATA SET" SHALL MEAN A NAMED COLLECTION OF RELATED RECORDS  MAIN-
 TAINED  ON  A STORAGE DEVICE, WITH THE COLLECTION CONTAINING DATA ORGAN-
 IZED OR FORMATTED IN A SPECIFIC OR  PRESCRIBED  WAY,  OFTEN  IN  TABULAR
 FORM; AND
   (4)  "PUBLISHABLE  DFS  DATA" SHALL MEAN DATA THAT IS COLLECTED BY THE
 DEPARTMENT WHERE THE DEPARTMENT IS PERMITTED, REQUIRED OR ABLE  TO  MAKE
 THE DATA AVAILABLE TO THE PUBLIC, CONSISTENT WITH ANY AND ALL APPLICABLE
 LAWS,  RULES,  REGULATIONS,  ORDINANCES,  RESOLUTIONS, POLICIES OR OTHER
 RESTRICTIONS, REQUIREMENTS OR RIGHTS ASSOCIATED WITH THE DATA, INCLUDING
 BUT NOT LIMITED TO CONTRACTUAL OR OTHER LEGAL  ORDERS,  RESTRICTIONS  OR
 REQUIREMENTS. DATA SHALL NOT BE PUBLISHABLE DFS DATA IF MAKING SUCH DATA
 AVAILABLE  ON THE OPEN DATA WEBSITE WOULD VIOLATE STATUTE OR REGULATION,
 INCLUDING, BUT NOT LIMITED TO,  DISCLOSURES  THAT  WOULD  CONSTITUTE  AN
 UNWARRANTED  INVASION  OF  PERSONAL PRIVACY, ENDANGER THE PUBLIC HEALTH,
 SAFETY OR WELFARE, HINDER THE OPERATION OF GOVERNMENT, INCLUDING  CRIMI-
 NAL  AND CIVIL INVESTIGATIONS, OR IMPOSE AN UNDUE FINANCIAL, OPERATIONAL
 OR ADMINISTRATIVE BURDEN ON THE THE DEPARTMENT OR  ITS  SUBSIDIARIES  OR
 AFFILIATES.
   (C)  AS  REQUIRED  BY EXECUTIVE ORDER 95 OF 2013, THE DEPARTMENT SHALL
 DESIGNATE A DATA COORDINATOR, WHO SHALL:
   (1) HAVE AUTHORITY EQUIVALENT TO THAT OF A DEPUTY COMMISSIONER OR  THE
 HEAD OF A DIVISION OR BUREAU OF THE DEPARTMENT;
   (2) HAVE KNOWLEDGE OF DATA AND RESOURCES IN USE BY THE DEPARTMENT; AND
   (3)  BE  RESPONSIBLE FOR THE COMPLIANCE OF THE DEPARTMENT, ITS SUBSID-
 IARIES AND AFFILIATES WITH THE ORDER.
   (D) THE DEPARTMENT AND ITS  SUBSIDIARIES  AND  AFFILIATES  SHALL  MAKE
 THEIR  PUBLISHABLE  DFS  DATA AVAILABLE ON ITS WEBSITE AND THE OPEN DATA
 WEBSITE AS FOLLOWS:
   (1) THE DEPARTMENT SHALL CREATE A CATALOGUE OF  PUBLISHABLE  DFS  DATA
 WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION;
   (2)  THE DEPARTMENT SHALL WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
 TIVE DATE OF THIS SECTION, SUBMIT TO THE LEGISLATURE AND PUBLISH ON  ITS
 SHARED  INTERNET  WEBSITE A SCHEDULE FOR MAKING ITS PUBLISHABLE DFS DATA
 PUBLICLY AVAILABLE. SUCH SCHEDULE SHALL PROVIDE FOR  UPDATING  THE  DATA
 CATALOGUE AS APPROPRIATE; AND
   (3) THE DEPARTMENT SHALL CREATE SCHEDULES FOR PUBLISHING ALL PUBLISHA-
 BLE DFS DATA WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
   (E)  THE  DEPARTMENT  SHALL  NOT  BE PREVENTED FROM PUBLISHING DATA IN
 ADVANCE OF THE DATES SET IN THEIR SCHEDULES.
   § 4. This act shall take effect immediately.