Senate Bill S9658

                                 
BILL NUMBER: S9658

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to establishing a
private right of action for malicious disclosure of personally identify-
ing information by another individual

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish a private right of action for
individuals whose personally identifying information is intentionally
disclosed by another person without consent, in a way that is meant to
harass, threaten, intimidate, or harm them.

 
SUMMARY OF PROVISIONS:

Section 1. The civil rights law is amended by adding a new section 52-e
establishing a private right of action for malicious disclosure of
personally identifying information where such disclosure resulted in the
harm of the individual. Section 1 authorizes individuals to bring a
              

civil claim when their personally identifying information is inten-
tionally disclosed without consent, and where the disclosure was made
with the intent to cause, or with reckless disregard as to whether it
would cause, harassment, physical harm, substantial emotional distress,
fear of violence, stalking, or damage to the individual's property or
livelihood. A prevailing plaintiff may recover actual damages, including
financial losses and emotional harm, as well as reasonable court costs
and attorney's fees. Punitive damages are available up to a cap of fifty
thousand dollars, in addition to potential injunctive or declaratory
relief. This section provides definitions for key terms including
"personally identifying information," "doxxing," and "disclose." It
further provides that the prior public availability of the disclosed
information does not constitute a valid defense. Certain exceptions are
outlined, including disclosures made in the course of lawful public
proceedings, disclosures connected to matters of legitimate public
concern protected under constitutional law, and disclosure's made pursu-
ant to a lawful subpoena, warrant, or court order. Section 1 further
clarifies that it does not alter the scope of liability protections
afforded to interactive computer service providers under 47 U.S.C. § 230
for content created by third parties.

Section 2. Establishes the enacting clause.

 
JUSTIFICATION:

This legislation establishes a narrowly tailored private right of action
for individuals who are harmed by the malicious disclosure of their
personally identifying information, commonly referred to as "doxxing".
As digital platforms become increasingly central to daily life, the
intentional release of sensitive personal data such as home addresses
and phone numbers information has been used to threaten, harass, and
intimidate individuals across the state. Current New York Law does not
provide a clear civil remedy for those whose safety, livelihood, or
emotional well-being is compromised by such targeted discourse, leaving
victims without adequate recourse when these attacks occur.


By creating a civil cause of action for malicious doxxing, this legis-
lation provides individuals with the legal tools necessary to seek
redress when their personal information is intentionally exposed without
consent and with the intent to cause harm or with reckless disregard for
the consequences. The bill sets clear liability standards, ensures due
process, and limits potential damages to protect against abuse while
offering meaningful relief to those whose rights and safety have been
violated. It also incorporates carefully defined exceptions to preserve
disclosures made as part of lawful public proceedings, law enforcement
activity, or matters of legitimate public concern protected under
constitutional law.

This legislation recognizes the evolving nature of online abuse and
modernizes civil rights law to address the growing harms associated with
the malicious disclosure of personal information. As digital tools have
made it easier to share sensitive data widely and instantly, individuals
have increasingly been targeted through tactics such as doxxing, often
resulting in stalking, threats, emotional trauma, and financial harm.
While criminal penalties may exist in some instances, this bill estab-
lishes a clear civil remedy that empowers victims to seek accountability
directly. It is narrowly tailored to apply to individuals who knowingly
and intentionally cause harm through disclosure, and it does not alter
or expand the legal immunities provided under Section 230 of the Commu-
nications Decency Act. This ensures that online platforms remain
protected from liability for user-generated content while reinforcing
that malicious conduct by individual actors carries meaningful legal
consequences.

New York has a responsibility to ensure its civil legal framework
responds to the realities of the modern world. This legislation provides
a measured, constitutionally sound solution to a growing public safety
issue and ensures that those harmed by doxxing have a clear path to seek
justice through proceedings in our courts of law.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law.