NY State Senate Bill 2009-S821

Senate Bill S821

2009-2010 Legislative Session

Enacts telecommunications privacy law containing provisions regulating the collection, use or disclosure of information by telecommunications carriers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Jan 18, 2009	referred to energy and telecommunications

2009-S821 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add Art 5-A §§104 - 104-l, Pub Serv L
Versions Introduced in 2011-2012 Legislative Session:: S2579

2009-S821 (ACTIVE) - Summary

Enacts the telecommunications privacy law containing provisions regulating the collection, use or disclosure of information by telecommunications carriers; requires a telecommunication carrier to notify customers of the information collected and distributed; subjects a third party who receives information from a telecommunications carrier to privacy rules; grants a subscriber right to inspect and correct personal information

2009-S821 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S821

 TITLE OF BILL :
An act to amend the public service law, in relation to protecting the
privacy of telecommunications subscribers


 PURPOSE OR GENERAL IDEA OF BILL :
To establish comprehensive subscriber protection across-the-board to
all forms of telecommunications services.

 SUMMARY OF SPECIFIC PROVISIONS :
Section one of the bill creates within the public service law a new
article entitled the "Telecommunications Privacy Law." Section 104-a
of the new article sets forth the Legislature's intent to create
comprehensive privacy protection for subscribers to all forms of
telecommunications services. Section 104-b defines terms used in the
new article. Section 104-c allows telecommunications carriers to
collect and distribute personally identifiable information only when
it is necessary for their business, with subscriber consent, or under
certain other limited circumstances. Section 104-d requires a
telecommunications carrier to notify customers of the information
collected and distributed.  Section 104-e subjects a third party,
which receives information from a telecommunications carrier, to
privacy rules. Section 104-f gives a subscriber the right to inspect
and correct personal information.  Section 104-g forbids anyone to

monitor or intercept a subscriber generated communications, except
under limited circumstances. Section 104-h requires a
telecommunications carrier to use security measures.  Section 104-i
allows a carrier to conduct systems tests. Section 104-j allows for
the disclosure of aggregate data.  Section 104-k provides for
enforcement by the attorney general or a private right of action.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
There is no comprehensive privacy protection for all
telecommunications customers at either the federal or state level.
There is some piecemeal legislation which applies to limited spheres
of telecommunications and which provides fewer protections than the
instant bill.  SEE, E.G., 47 U.S.C. §551 (cable subscriber). Section
702 of the Federal Telecommunications Act of 1996 did create
protection for "customer proprietary information" (CPNI) possessed by
a telecommunications carrier. However, the Act's definition of CPNI
suggests that it applies only to telephone common carriers.

 JUSTIFICATION :
The technologies and applications of telecommunications are increasing
at a dizzying pace. It is commonly understood that an "information
superhighway" will soon be here. New kinds of two-way, interactive
communications will be a key element to the new telecommunications
infrastructure. With these changes the ability to collect, correlate,
analyze and distribute data is also increasing exponentially. This
creates the serious potential for injury to the personal privacy of
individuals. There is no comprehensive privacy protection for all
forms of telecommunications at either the federal or state level.

This bill would create a "Telecommunications Privacy Law" that applies
to all telecommunications carriers, including telephony, cable
television, wireless video and voice technologies, and even to
technologies that are just now being implemented such as "open video
systems" operated by traditional telephone companies, and wireless
data services.  The primary reason for protecting personal privacy is
that privacy is a good unto itself and deserves protection. The United
States and New York State constitutions both provide bottom line
protections for privacy. Providing further protection is an
appropriate subject for legislation.

An additional constitutional interest that deserves statutory
protection is the First Amendment right to freely receive and
disseminate information without the chilling effect of enabling others
to trace one's ideas, opinions or buying habits.  SEE R. Givens,
Practice Commentaries to GAL § 670, McKinneys' 994 Pocket Part, p.
308. The rationale for this bill is substantially similar to the
rationale for the Video Consumer Privacy Act which applies to video
tape sales and rental, and which was enacted in 1993. GAL § 670.

The dangers to privacy posed by advancing telecommunications
technologies were noted by the Governor's Telecommunications Exchange.
In its report, the Exchange favorably commented on the Public Service
Commission's privacy principles and noted that legislative action
would be appropriate to strengthen those principles' force and effect,
as well as to broaden their application to non-regulated
telecommunications services.
 CONNECTING TO THE FUTURE: THE REPORT OF NEW YORK'S TELECOMMUNICATIONS
EXCHANGE ; at 29-31 (December, 1993).

A secondary, utilitarian reason for protecting personal privacy is to
assist the growth of the telecommunications industry in New York. If
the chilling effect is removed, potential customers are considerably
more likely to use new telecommunications services. More customers
should mean a better business environment for telecommunications
companies in New York. A comprehensive privacy law should have the
additional benefit of subjecting all telecommunications carriers to
the same essential privacy rules, thereby creating a desirably level
playing field on this subject.

The bill would protect individuals' privacy without unduly
handicapping telecommunications carriers' ability to conduct their
business. The central component of the bill is PSC §104-c, which would
govern when a carrier could collect, use or distribute personally
identifiable information. Doing so for the ordinary conduct of
business would be permitted. A carrier could collect, use and disclose
for other purposes, but only if the customer has consented. The
rationale is straightforward--a person should be able to control the
flow of information about himself or herself. Other provisions
specifically allow carriers to use particular kinds of information
without endangering privacy. These include traditional telephone
directory information, system integrity tests, aggregate data, court
orders and "otherwise pursuant to law." This last provision recognizes
that specialized, narrow rules for specific telecommunications
services may be developed at the federal level. The "otherwise
pursuant to law" provision allows for such specialized rules, but make
them the exception to a general rule of privacy.

The basic principle of individual control over personal information
also gives rise to the rules on carrier notice of information
practices (§ 104-d), and to the rules entitling a subscriber to
inspect and correct information (§ 891). Third parties who receive
personally identifiable information for a telecommunications carrier
would be subject to essentially the same rules that apply to carriers.
If they were not, the bill's purpose could too easily be circumvented
by a seemingly limited disclosure to a third party which could then
distribute the information to the whole world. The development of
interactive communications is increasing the threat of monitoring and
intercepting individuals' communications. Monitoring refers to
practices such as the recording of viewing habits or of the parties
with whom a subscriber communicates.  Interception refers to recording
the actual contents of the communication. Section 104-g of the new
article would protect individuals from these particular kinds of
privacy invasions.  Enforcement would be achieved by court actions
brought by the attorney general for injunctions and fines or by
private citizen seeking damages.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
The first of July next succeeding the date on which it shall have
become law.

2009-S821 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   821

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 18, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend the public service law, in relation to protecting the
  privacy of telecommunications subscribers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new article
5-A to read as follows:
                               ARTICLE 5-A
                     TELECOMMUNICATIONS PRIVACY LAW
SECTION 104.   SHORT TITLE.
        104-A. LEGISLATIVE INTENT.
        104-B. DEFINITIONS.
        104-C. COLLECTION, USE OR DISCLOSURE OF INFORMATION.
        104-D. SUBSCRIBER NOTICE OF CARRIER INFORMATION PRACTICES.
        104-E. THIRD PARTIES.
        104-F. SUBSCRIBER'S RIGHT TO INSPECT AND CORRECT INFORMATION.
        104-G. MONITORING OR INTERCEPTING UPSTREAM COMMUNICATIONS  CHAN-
                 NELS.
        104-H. SECURITY MEASURES.
        104-I. EXCEPTION TO WRITTEN AUTHORIZATION REQUIREMENT.
        104-J. EXAMINATION OR DISCLOSURE OF AGGREGATE DATA.
        104-K. ENFORCEMENT.
        104-L. SEPARABILITY CLAUSE.
  S  104.  SHORT  TITLE.  THIS ARTICLE MAY BE CITED AS THE "TELECOMMUNI-
CATIONS PRIVACY LAW."
  S 104-A. LEGISLATIVE INTENT. 1.  THE  LEGISLATURE  FINDS  THAT  RECENT
ADVANCES IN TELECOMMUNICATIONS AND INFORMATION TECHNOLOGIES HAVE RAPIDLY
EXPANDED  THE  COLLECTION OF PERSONAL DATA ON INDIVIDUALS.  THE KINDS OF
DATA WHICH CAN BE GATHERED AND THE SPEED WITH WHICH  THAT  DATA  CAN  BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06293-02-9

S. 821                              2

CORRELATED, RETRIEVED AND DISSEMINATED ARE SUBSTANTIALLY INCREASING. THE
INCREASING USE OF THESE TECHNOLOGIES AND THEIR RELATED SYSTEMS, CHANNELS
AND  SERVICES  HAS  A SERIOUS POTENTIAL FOR INJURY TO INDIVIDUAL PRIVACY
THAT CAN OCCUR FROM ANY COLLECTION, MAINTENANCE, USE OR DISSEMINATION OF
PERSONAL INFORMATION.
  2.  THE RIGHT TO PRIVACY IS A PERSONAL AND FUNDAMENTAL RIGHT WORTHY OF
PROTECTION THROUGH APPROPRIATE LEGISLATION.
  3. EXISTING FEDERAL AND STATE LAWS DO NOT PROVIDE COMPREHENSIVE PRIVA-
CY PROTECTION FOR THE WIDE RANGE OF TECHNOLOGIES BEING USED IN  TELECOM-
MUNICATIONS.  AMONG THESE ARE TELEPHONY, OPEN VIDEO SYSTEMS, CABLE TELE-
VISION, SATELLITE VIDEO SERVICES, WIRELESS VIDEO SERVICES  AND  WIRELESS
VOICE  SERVICES.  THE  LEGISLATURE INTENDS TO PROTECT THE WELFARE OF THE
PEOPLE OF NEW YORK BY ENABLING THEM TO PARTICIPATE IN THE  USE  OF  SUCH
TECHNOLOGIES WITHOUT UNDULY SACRIFICING THEIR PERSONAL PRIVACY.
  4. THE LEGISLATURE ALSO INTENDS THAT BUSINESSES ENGAGING IN TELECOMMU-
NICATIONS  SERVICES  IN  NEW YORK SHOULD ALSO BENEFIT FROM COMPREHENSIVE
PRIVACY PROTECTION FOR INDIVIDUALS. COMPREHENSIVE RULES FOR ALL TELECOM-
MUNICATIONS FIRMS SHOULD CREATE A LEVEL  PLAYING  FIELD  BY  ELIMINATING
EXISTING DISPARITIES BETWEEN PRIVACY REQUIREMENTS FOR DIFFERENT TYPES OF
TECHNOLOGIES.  MOREOVER, IF NEW YORK CONSUMERS CAN USE THE NEW TECHNOLO-
GIES WITH ASSURANCE THAT THEIR PRIVACY IS PROTECTED, MORE CONSUMERS WILL
BE LIKELY TO PARTICIPATE IN THEIR USE.
  5. IN ORDER TO MEET THESE GOALS, THIS ARTICLE IS BASED ON THE  PRINCI-
PLES THAT TELECOMMUNICATIONS FIRMS SHOULD COLLECT, USE AND DISCLOSE ONLY
SUCH INFORMATION AS THEY GENUINELY NEED AND THAT INDIVIDUALS SHOULD KNOW
WHAT INFORMATION IS COLLECTED ON THEM AND SHOULD CONTROL ITS DISCLOSURE.
  S 104-B. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "TELECOMMUNICATIONS" MEANS THE TRANSMISSION BETWEEN OR AMONG POINTS
SPECIFIED  BY  THE  USER, OF INFORMATION OF THE USER'S CHOOSING, WITHOUT
CHANGE IN THE FORM OR CONTENT OF THE INFORMATION AS SENT  AND  RECEIVED,
BY MEANS OF ELECTROMAGNETIC TRANSMISSION, WITH OR WITHOUT BENEFIT OF ANY
CLOSED TRANSMISSION MEDIUM, INCLUDING ALL INSTRUMENTALITIES, FACILITIES,
APPARATUS,  AND SERVICES (INCLUDING THE COLLECTION, STORAGE, FORWARDING,
SWITCHING, AND DELIVERY OF SUCH INFORMATION) ESSENTIAL  TO  SUCH  TRANS-
MISSION.
  2.  "TELECOMMUNICATIONS  CARRIER"  MEANS  ANY PROVIDER OF TELECOMMUNI-
CATIONS SERVICES.
  3. "SUBSCRIBER" MEANS ANY PERSON WHO RECEIVES ANY FORM OF TELECOMMUNI-
CATIONS SERVICE AND ANY OTHER AUTHORIZED USER OF A  PERSON'S  SUBSCRIBER
TERMINAL.
  4.  "PERSONALLY  IDENTIFIABLE  INFORMATION" MEANS ANY INFORMATION THAT
IDENTIFIES ANY PERSON AS A SUBSCRIBER TO, OR  USER  OF,  A  TELECOMMUNI-
CATIONS CARRIER, OR THAT OTHERWISE PROVIDES INFORMATION ABOUT THAT INDI-
VIDUAL OR HIS USE OF ANY SERVICE PROVIDED BY A TELECOMMUNICATIONS CARRI-
ER, EXCEPT LISTING INFORMATION PUBLISHED IN "WHITE PAGES" DIRECTORIES.
  5.  "ORDINARY COURSE OF BUSINESS" MEANS THE PROVISION OF (A) THE TELE-
COMMUNICATIONS SERVICE FROM WHICH PERSONALLY IDENTIFIABLE INFORMATION IS
DERIVED, OR (B) SERVICES NECESSARY TO, OR USED IN, THE PROVISION OF SUCH
TELECOMMUNICATIONS SERVICE, INCLUDING THE PUBLISHING OF DIRECTORIES.
  6. "UPSTREAM COMMUNICATIONS CHANNEL" MEANS A SIGNALING  PATH  PROVIDED
BY  A  TELECOMMUNICATIONS CARRIER FOR THE TRANSMISSION OF SIGNALS OVER A
TELECOMMUNICATIONS SYSTEM FROM SUBSCRIBER TERMINALS.
  7. "INTERCEPT" MEANS TO  ACQUIRE,  AT  ANY  TIME  FROM  INITIATION  TO
COMPLETION  OF  A  SIGNAL TRANSMISSION OVER A TELECOMMUNICATIONS SYSTEM,
THE CONTENT OF THE INFORMATION CONTAINED IN THAT SIGNAL.

S. 821                              3

  8. "THIRD PARTY" MEANS A PERSON OTHER THAN THE SUBSCRIBER OR  A  TELE-
COMMUNICATIONS CARRIER OR ANY AFFILIATE OR AGENT THEREOF; BUT, SUCH TERM
SHALL  NOT  INCLUDE  AN INTERCONNECTING CARRIER OR AN ORGANIZATION WHOSE
OBJECTIVE IS THE DETECTION, ELIMINATION  OR  REDUCTION  OF  TOLL  FRAUD,
WHICH HAS A DEMONSTRABLE AND REASONABLE REQUIREMENT FOR PERSONALLY IDEN-
TIFIABLE INFORMATION.
  9.  "GENERALLY  AVAILABLE  DATA  BASE"  MEANS  A  SINGLE COLLECTION OF
PERSONALLY IDENTIFIABLE INFORMATION GENERALLY  USED  BY  A  TELECOMMUNI-
CATIONS  CARRIER  IN  THE  ORDINARY COURSE OF BUSINESS.   THE PERSONALLY
IDENTIFIABLE INFORMATION CONTAINED IN SUCH DATA BASE  MAY  INCLUDE  SUCH
INFORMATION AS SUBSCRIBER NAME AND ADDRESS, AMOUNT DUE, EQUIPMENT, BILL-
ING RECORDS, CONTRACTS WITH THE SUBSCRIBER, DEPOSIT INFORMATION, PAYMENT
INFORMATION AND BILLING ADJUSTMENTS.
  S  104-C. COLLECTION, USE OR DISCLOSURE OF INFORMATION. A TELECOMMUNI-
CATIONS CARRIER MAY COLLECT, RECEIVE, STORE, AGGREGATE, USE, RENT, SELL,
RELEASE OR DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION RELATING TO  ANY
SUBSCRIBER, SUBSCRIBER HOUSEHOLD, OR USER OF A SUBSCRIBER TERMINAL ONLY:
  1. TO THE EXTENT NECESSARY TO PROVIDE THE CARRIER'S TELECOMMUNICATIONS
SERVICES IN THE ORDINARY COURSE OF BUSINESS;
  2. WITH THE SUBSCRIBER CONSENT DESCRIBED IN SECTION ONE HUNDRED FOUR-D
OF THIS ARTICLE;
  3.  TO DETECT THE UNAUTHORIZED RECEIPT OF TELECOMMUNICATIONS SERVICES,
INCLUDING COOPERATIVE EFFORTS AMONG CARRIERS  TO  DETECT,  ELIMINATE  OR
REDUCE TOLL FRAUD;
  4. PURSUANT TO A COURT ORDER OR SUBPOENA;
  5.  AS SPECIFICALLY PERMITTED BY THE FEDERAL COMMUNICATIONS COMMISSION
OR THE PUBLIC SERVICE COMMISSION; OR
  6. OTHERWISE PURSUANT TO LAW.
  S 104-D. SUBSCRIBER NOTICE OF CARRIER INFORMATION  PRACTICES.  1.    A
TELECOMMUNICATIONS  CARRIER  MUST  NOTIFY  A  SUBSCRIBER  OF THE GENERAL
CIRCUMSTANCES UNDER WHICH PERSONALLY IDENTIFIABLE  INFORMATION,  MAY  BE
COLLECTED, USED OR DISCLOSED.
  2.  IN THE CASE OF A SUBSCRIBER CONTRACT ENTERED INTO ON OR BEFORE THE
EFFECTIVE DATE OF THIS ARTICLE, THE NOTICE MUST BE PROVIDED  WITHIN  ONE
HUNDRED  TWENTY  DAYS  IMMEDIATELY  AFTER  SUCH  DATE.  IN THE CASE OF A
SUBSCRIBER CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS  ARTI-
CLE,  THE  NOTICE  SHALL  BE  PROVIDED  AT THE TIME THAT THE CONTRACT IS
ENTERED INTO. AFTER THE INITIAL NOTICE, NOTICE MUST BE PROVIDED AT LEAST
ANNUALLY.
  3. NOTICE MUST BE IN WRITING, CLEAR  AND  CONSPICUOUS,  AND  IN  PLAIN
ENGLISH.
  4.  THE  TELECOMMUNICATIONS CARRIER SHALL NOT USE PERSONALLY IDENTIFI-
ABLE INFORMATION IN A MANNER OTHER THAN THAT  DESCRIBED  IN  THE  NOTICE
WITHOUT  FURTHER WRITTEN NOTICE TO THE SUBSCRIBER AND, WHERE REQUIRED BY
THIS ARTICLE, THE CONSENT OF THE SUBSCRIBER.
  5. A SUBSCRIBER MAY WITHDRAW HIS PERMISSION AT ANY  TIME.  THIS  WITH-
DRAWAL  SHALL  TAKE EFFECT THIRTY DAYS AFTER THE SUBSCRIBER NOTIFIES THE
TELECOMMUNICATIONS CARRIER THAT CONSENT IS BEING WITHDRAWN.
  6. A TELECOMMUNICATIONS CARRIER SHALL NOT REFUSE TO PROVIDE ANY  TELE-
COMMUNICATIONS  SERVICE TO ANY PERSON ON ACCOUNT OF THAT PERSON'S REFUS-
ING TO GRANT CONSENT TO COLLECT, USE OR DISCLOSE PERSONALLY IDENTIFIABLE
INFORMATION.
  7. A TELECOMMUNICATIONS CARRIER MUST OBTAIN A SUBSCRIBER'S AFFIRMATIVE
CONSENT BEFORE THE CARRIER MAY  RENT,  SELL,  RELEASE  OR  DISCLOSE  THE
SUBSCRIBER'S  PERSONALLY  IDENTIFIABLE  INFORMATION  TO  A  THIRD PARTY,
EXCEPT AS AUTHORIZED IN SECTION ONE HUNDRED FOUR-C OF THIS ARTICLE. SUCH

S. 821                              4

AFFIRMATIVE CONSENT MAY  BE  OBTAINED  ONLY  IF  THE  TELECOMMUNICATIONS
CARRIER HAS NOTIFIED THE SUBSCRIBER OF: (A) THE KIND OF PERSONALLY IDEN-
TIFIABLE  INFORMATION THAT THE CARRIER WILL COLLECT AND THE INTENDED USE
OF  THAT  INFORMATION;  (B)  THE  NATURE,  FREQUENCY, AND PURPOSE OF ANY
DISCLOSURE OF THAT INFORMATION; AND (C) THE PERSONS TO  WHOM  DISCLOSURE
MAY BE MADE.
  S  104-E. THIRD PARTIES. 1. USE OF PERSONALLY IDENTIFIABLE INFORMATION
BY THOSE RECEIVING THE INFORMATION  FROM  A  TELECOMMUNICATIONS  CARRIER
PURSUANT  TO  THE  PROVISIONS OF THIS ARTICLE IS LIMITED TO THE PURPOSES
FOR WHICH THE DISCLOSURE IS MADE.
  2. CONCURRENT WITH, OR PRIOR TO, THE PROVISION OF PERSONALLY IDENTIFI-
ABLE INFORMATION TO OTHERS PURSUANT TO THE PROVISIONS OF THIS ARTICLE, A
TELECOMMUNICATIONS CARRIER SHALL GIVE NOTICE TO THE PERSON RECEIVING THE
INFORMATION OF THE PROVISIONS OF THIS ARTICLE. IF  PERSONALLY  IDENTIFI-
ABLE  INFORMATION  IS  PROVIDED  ON  A CONTINUING BASIS, NOTICE SHALL BE
PROVIDED AT THE TIME OF OR PRIOR TO THE PROVISION OF THE FIRST  OF  SUCH
INFORMATION AND ANNUALLY THEREAFTER.
  3.  A  THIRD PARTY WHICH HAS RECEIVED PERSONALLY IDENTIFIABLE INFORMA-
TION PURSUANT TO THIS ARTICLE SHALL NOT RETAIN THAT  INFORMATION  IF  NO
LONGER  NEEDED FOR THE PURPOSES FOR WHICH IT WAS ACQUIRED, NOR SHALL THE
PARTY RENT, SELL, RELEASE, OR OTHERWISE DISCLOSE THAT INFORMATION TO ANY
PERSON, UNLESS THE THIRD PARTY DOES SO IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE.
  4. EVERY THIRD PARTY  RECEIVING  PERSONALLY  IDENTIFIABLE  INFORMATION
PURSUANT  TO  THIS  SECTION  SHALL  CERTIFY  ANNUALLY TO THE INFORMATION
PROVIDER IN WRITING THAT IT IS COMPLYING WITH  THE  PROVISIONS  OF  THIS
ARTICLE.
  S  104-F. SUBSCRIBER'S RIGHT TO INSPECT AND CORRECT INFORMATION.  1. A
TELECOMMUNICATIONS CARRIER SHALL DISCLOSE TO A SUBSCRIBER ALL PERSONALLY
IDENTIFIABLE INFORMATION WHICH THE CARRIER POSSESSES PERTAINING TO  THAT
SUBSCRIBER  STORED  ON  ITS GENERALLY APPLICABLE DATA BASE, UPON WRITTEN
REQUEST OF THE SUBSCRIBER.  SUCH  DISCLOSURE  SHALL  BE  MADE  WITHIN  A
REASONABLE TIME FROM THE RECEIPT OF THE SUBSCRIBER'S REQUEST.
  2.  A  SUBSCRIBER  MAY  REQUEST  TO  EXAMINE A COPY OF THE INFORMATION
DESCRIBED IN  THIS  SECTION  UPON  REASONABLE  NOTICE.  THE  INFORMATION
SUPPLIED  TO THE SUBSCRIBER SHALL BE IN A LEGIBLE FORMAT, WHICH IS CAPA-
BLE OF BEING UNDERSTOOD BY A REASONABLE  PERSON.  THE  SUBSCRIBER  SHALL
BEAR REASONABLE COPYING AND MAILING COSTS OCCASIONED BY THE EXAMINATION.
  3.  A  TELECOMMUNICATIONS CARRIER SHALL CORRECT THE INFORMATION UPON A
REASONABLE SHOWING BY THE SUBSCRIBER THAT PERSONALLY IDENTIFIABLE INFOR-
MATION CONTAINED THEREIN IS INACCURATE. IF THE TELECOMMUNICATIONS CARRI-
ER AND SUBSCRIBER CANNOT RESOLVE A DISPUTE ABOUT  THE  ACCURACY  OF  ANY
INFORMATION  CONCERNING THE SUBSCRIBER, THE SUBSCRIBER MAY APPEND TO THE
CARRIER'S RECORD OF INFORMATION A STATEMENT SETTING FORTH THE NATURE  OF
THE  DISPUTE.  SUCH STATEMENT SHALL BE RETAINED IN THE CARRIER'S RECORDS
SO LONG AS THE DISPUTED INFORMATION IS RETAINED. WITHIN FORTY-FIVE  DAYS
OF  RECEIVING  THIS  NOTIFICATION  FROM THE SUBSCRIBER, THE TELECOMMUNI-
CATIONS CARRIER SHALL TRANSMIT A CORRECTED COPY OF THE  INFORMATION,  OR
THE  SUBSCRIBER'S  APPENDED  STATEMENT, TO ANY PARTY WHICH WAS GIVEN THE
ERRONEOUS INFORMATION. COPIES OF ALL SUCH CORRESPONDENCE SHALL  BE  SENT
TO THE SUBSCRIBER.
  S  104-G. MONITORING OR INTERCEPTING UPSTREAM COMMUNICATIONS CHANNELS.
1.  EXCEPT AS OTHERWISE PROVIDED IN THIS  ARTICLE,  INFORMATION  DERIVED
FROM ANY SIGNAL OF AN UPSTREAM COMMUNICATIONS CHANNEL TRANSMITTED FROM A
SUBSCRIBER  TERMINAL  FOR THE PURPOSE OF MONITORING INDIVIDUAL HOUSEHOLD
OR COMMUNICATING PATTERNS MAY NOT BE DISCLOSED EXCEPT WITH  THE  WRITTEN

S. 821                              5

AUTHORIZATION  OF THE SUBSCRIBER. SUCH AUTHORIZING DOCUMENT MUST EXPLAIN
IN CLEAR AND PLAIN ENGLISH THAT INFORMATION CONCERNING THE  SUBSCRIBER'S
VIEWING  PATTERNS  OR PRACTICES MAY BE DISCLOSED. THE PROVISION OF TELE-
PHONY  SERVICES  SHALL  BE EXEMPT FROM THE REQUIREMENTS OF THIS SUBDIVI-
SION.
  2. EXCEPT AS OTHERWISE PROVIDED BY LAW, NO PERSON  SHALL  INTERCEPT  A
SIGNAL   OF  AN  UPSTREAM  COMMUNICATIONS  CHANNEL  TRANSMITTED  FROM  A
SUBSCRIBER TERMINAL EXCEPT THE SUBSCRIBER AND THE INTENDED  RECEIVER  OF
THE SIGNAL.
  S  104-H.  SECURITY MEASURES. A TELECOMMUNICATIONS CARRIER SHALL MAIN-
TAIN SUCH SAFEGUARDS AS ARE NECESSARY TO ENSURE THE PHYSICAL  AND  ELEC-
TRONIC  SECURITY  AND  CONFIDENTIALITY  OF  ANY  PERSONALLY IDENTIFIABLE
INFORMATION CONCERNING SUBSCRIBERS.
  S 104-I.  EXCEPTION  TO  WRITTEN  AUTHORIZATION  REQUIREMENT.  WRITTEN
AUTHORIZATION  SHALL NOT BE REQUIRED FOR A TELECOMMUNICATIONS CARRIER TO
CONDUCT  SYSTEM-WIDE  OR  INDIVIDUALLY  ADDRESSED  MONITORING  FOR   THE
PURPOSES  OF VERIFYING SYSTEM INTEGRITY, CONTROLLING RETURN TRANSMISSION
PATHS, OR FOR ANY PURPOSES FOR WHICH PERSONALLY IDENTIFIABLE INFORMATION
MAY BE LAWFULLY ACQUIRED PURSUANT TO THIS ARTICLE.
  S 104-J. EXAMINATION OR DISCLOSURE OF  AGGREGATE  DATA.  THIS  ARTICLE
SHALL  NOT PROHIBIT THE EXAMINATION OF AGGREGATE DATA BY, OR THE DISCLO-
SURE OF SUCH DATA TO, ANY THIRD PARTY, PROVIDED THAT THE  DATA  CONTAINS
NO PERSONALLY IDENTIFIABLE INFORMATION CONCERNING ANY SUBSCRIBER, HIS OR
HER HOUSEHOLD, OR A USER OF HIS OR HER TERMINAL.
  S  104-K. ENFORCEMENT. 1. ANY PERSON FOUND TO HAVE VIOLATED THIS ARTI-
CLE, WITH GROSS NEGLIGENCE, SHALL BE LIABLE TO THE AGGRIEVED  SUBSCRIBER
FOR  ALL  ACTUAL DAMAGES SUSTAINED BY SUCH SUBSCRIBER AS A DIRECT RESULT
OF THE VIOLATION, PROVIDED THAT ANY SUBSCRIBER WHO PREVAILS OR  SUBSTAN-
TIALLY  PREVAILS  IN ANY ACTION BROUGHT UNDER THIS SECTION SHALL RECEIVE
NOT LESS THAN FIVE HUNDRED DOLLARS IN DAMAGES, REGARDLESS OF THE  AMOUNT
OF ACTUAL DAMAGE PROVED, PLUS COSTS, DISBURSEMENTS AND REASONABLE ATTOR-
NEYS' FEES.
  2. WHENEVER THERE SHALL BE A VIOLATION OF THIS ARTICLE, AN APPLICATION
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 BY A SPECIAL
PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUATION OF SUCH
VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  ARTICLE,  AN
INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE, ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  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 EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES  AND  DIRECT  RESTITU-
TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A GROSSLY NEGLIGENT
VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
PENALTY  OF  NOT  MORE  THAN ONE THOUSAND DOLLARS FOR SUCH VIOLATION. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
RULES.
  3.  THE  REMEDIES PROVIDED BY THIS ARTICLE SHALL BE IN ADDITION TO ANY
OTHER LAWFUL REMEDY AVAILABLE TO A SUBSCRIBER.

S. 821                              6

  4. NO ACTION MAY BE BROUGHT  UNDER  THE  PROVISIONS  OF  THIS  SECTION
UNLESS  SUCH  ACTION  IS COMMENCED WITHIN TWO YEARS IMMEDIATELY FROM THE
DATE OF THE ACT COMPLAINED OF OR OF THE DATE OF DISCOVERY OF SUCH ACT.
  S  104-L.  SEPARABILITY  CLAUSE.  IF  ANY CLAUSE, SENTENCE, PARAGRAPH,
SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID OR UNCONSTITUTIONAL, SUCH JUDGMENT SHALL
NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER  THEREOF,  BUT  SHALL  BE
CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

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