NY State Senate Bill 2011-S2225

Senate Bill S2225

2011-2012 Legislative Session

Creates privacy task force within the office for technology to conduct ongoing review of state and local laws, regulations and practices and make recommendations

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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 18, 2011	referred to energy and telecommunications

2011-S2225 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: State Technology Law
Laws Affected:: Ren Art 3 §§301 - 309 to be Art 5 §§501 - 509, add §510, St Tech L
Versions Introduced in 2009-2010 Legislative Session:: S1005

2011-S2225 (ACTIVE) - Summary

Creates a nine member privacy task force within the state office for technology to conduct ongoing review of state and local laws, regulations and practices with respect to the compilation, protection and dissemination of "personal information"; provides for composition of the task force and for annual reports to the governor and the legislature.

2011-S2225 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2225

TITLE OF BILL:
An act
to amend the state technology law, in relation to the creation of a
state privacy task force

PURPOSE:
Creates a State Privacy Task Force that is designed to
recommend legislation to the Legislature and Governor to protect the
privacy of personal information.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 sets forth legislative intent.

Section 2 creates, under the auspices of the Office for Technology, a
State Privacy Task Force. The Task Force's charge is to "conduct an
ongoing review and analysis of existing state and local laws,
regulations and practices with respect to the compilation, protection
or dissemination" of personal information, and to report to the
Governor and the four legislative leaders with its recommendations on
January 15th of each year.

JUSTIFICATION:
Public concern regarding personal
privacy is growing,

especially the potential threat to personal privacy posed by new
technologies. Public and private entities have increased their use of
computers and databases, permitting significant amounts of
information to be compiled about individuals. Many entities, such as
telemarketers, credit card companies, insurance companies, now
utilize massive databases to track customers and potential customers.
The result of a greater amount of personal information being
compiled, retained and disseminated than ever before is a feeling
among many that individuals can no longer keep their private life to
themselves. This legislation will create a state-level entity that
will develop an expertise in issues relating to the protection of
personal privacy.

The State Privacy Task force will review and analyze current state and
local law and practices with respect to the collection, retention and
dissemination of personal information. It will report to the
legislature and the governor annually, recommending ways to enhance
and protect the privacy of New Yorkers. In its recent report on the
Invasion of Privacy (March 2000), the Senate Majority recommends that
"the work of the Task Force should not cease with this report" (page
5). But we can do better. This bill takes the Senate Majority's
recommendation one step further by creating a bipartisan task force
which will consider and address privacy issues in a non-political
context.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:
Immediately.

2011-S2225 (ACTIVE) - Bill Text download pdf

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

                                  2225

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

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 state technology law, in relation to the creation of
  a state privacy task force

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

  Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
declares  that  personal  privacy  is an issue of great concern to state
policymakers. Over the past decade, public  and  private  entities  have
increased  their  use of computers and databases, permitting significant
amounts of data about specific individuals to be compiled.  During  that
same  period,  the internet has grown from a relatively small and little
known computer network into a medium of  international  commerce.  While
these  advances have increased the efficiency and output of the entities
utilizing them, they have also resulted in a greater amount of  personal
information being compiled, retained and disseminated than ever before.
  The intent of this legislation is to create an entity within the state
office  for technology that will develop an expertise in issues relating
to personal privacy and serve as a resource to state and  local  policy-
makers.  The  state  privacy  task force will review and analyze current
state and local law  and  practices  with  respect  to  the  collection,
retention  and  dissemination  of  personal  information, and provide an
annual report to the legislature and the governor that will include  its
recommendations to protect and enhance the privacy of New Yorkers.
  S 2. Article 3 and sections 301, 302, 303, 304, 305, 306, 307, 308 and
309  of  the  state  technology law, as renumbered by chapter 437 of the
laws of 2004, are renumbered article 5 and sections 501, 502, 503,  504,
505, 506, 507, 508 and 509, respectively, and a new section 510 is added
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06803-01-1

S. 2225                             2

  S 510. PRIVACY TASK FORCE. 1. THERE SHALL BE A PRIVACY TASK FORCE, THE
FUNCTION  AND  RESPONSIBILITY  OF  WHICH  SHALL BE TO CONDUCT AN ONGOING
REVIEW AND ANALYSIS OF STATE AND LOCAL LAWS, REGULATIONS  AND  PRACTICES
WITH  RESPECT  TO  THE  COMPILATION,  PROTECTION  AND  DISSEMINATION  OF
"PERSONAL  INFORMATION", AS SUCH TERM IS DEFINED IN SECTION FIVE HUNDRED
EIGHT OF THIS ARTICLE, AND TO PREPARE ANNUAL REPORTS CONTAINING A SUMMA-
RY OF THE RESULTS OF SUCH ANALYSIS AND REVIEW, AS  WELL  AS  RECOMMENDA-
TIONS  TO  PROTECT AND ENHANCE THE PRIVACY OF THE PEOPLE OF THE STATE OF
NEW YORK.
  2. THE PRIVACY TASK FORCE SHALL CONSIST OF NINE MEMBERS  APPOINTED  BY
THE  GOVERNOR.  ALL  MEMBERS SHALL BE RESIDENTS OF THE STATE OF NEW YORK
AND SHALL BE KNOWLEDGEABLE ABOUT THE INTERNET AND THE COMPUTER AND SOFT-
WARE INDUSTRIES  AND  SUPPORTIVE  OF  THE  STATE'S  EFFORTS  TO  PROTECT
PERSONAL  PRIVACY.  ONE MEMBER SHALL BE THE HEAD OF THE STATE OFFICE FOR
TECHNOLOGY. ONE MEMBER SHALL BE APPOINTED BY THE  GOVERNOR;  ONE  MEMBER
SHALL BE EMPLOYED IN THE INFORMATION TECHNOLOGY SECTOR; ONE MEMBER SHALL
BE  EMPLOYED BY A COUNTY, CITY OR LOCAL GOVERNMENT WITHIN THE STATE; ONE
MEMBER SHALL BE THE EXECUTIVE DIRECTOR OF THE COMMITTEE ON OPEN  GOVERN-
MENT;  ONE  MEMBER  SHALL  BE  APPOINTED  UPON THE RECOMMENDATION OF THE
TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER SHALL  BE  APPOINTED  UPON
THE  RECOMMENDATION  OF THE SPEAKER OF THE ASSEMBLY; ONE MEMBER SHALL BE
APPOINTED UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE  SENATE;
AND ONE MEMBER SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE MINORI-
TY  LEADER  OF  THE  ASSEMBLY.  THE  GOVERNOR SHALL DESIGNATE ONE OF THE
MEMBERS OF THE BOARD AS CHAIR.
  (A) THE TERM OF OFFICE SHALL BE THREE YEARS. VACANCIES SHALL BE FILLED
IN THE MANNER OF ORIGINAL APPOINTMENTS FOR THE REMAINDER OF THE TERM.
  (B) TASK  FORCE  MEMBERS  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
SERVICES AS MEMBERS, BUT SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (C)  THE  MEMBERS  SHALL  BE CONSIDERED EMPLOYEES OF THE STATE FOR THE
PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
  3. THE TASK FORCE CHAIR SHALL SUBMIT THE  REPORT  SET  FORTH  IN  THIS
SECTION  ON  OR  BEFORE JANUARY FIFTEENTH, TWO THOUSAND TWELVE, AND EACH
JANUARY FIFTEENTH THEREAFTER, TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT
OF  THE  SENATE,  THE  MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY AND THE MINORITY LEADER OF THE ASSEMBLY.
  S 3. This act shall take effect immediately.

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