NY State Senate Bill 2011-S7819

Senate Bill S7819

2011-2012 Legislative Session

Prohibits persons or business entities from filing unnecessary personal identifying information with an agency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Jun 25, 2012	referred to rules

2011-S7819 (ACTIVE) - Details

See Assembly Version of this Bill:: A9111
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §399-j, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1819
2013-2014: A6112
2015-2016: A3580
2017-2018: A3349
2019-2020: A3349
2021-2022: A5547

2011-S7819 (ACTIVE) - Summary

Prohibits persons or business entities from filing unnecessary personal identifying information with an agency; provides for enforcement by the attorney general.

2011-S7819 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7819

TITLE OF BILL:
An act to amend the general business law, in relation to personal infor-
mation restrictions for public records

PURPOSE:
The purpose of this bill is to protect the privacy of New York State
residents, by prohibiting the filing of unnecessary identifying informa-
tion with government entities.

SUMMARY OF PROVISIONS:
This bill would prohibit any person or business entity from filing with
the State or any political subdivision or any division or department
thereof, any personal identifying information which is not relevant and
necessary to accomplish the purpose of the filing, or not required by
state or federal law, rule or regulation, or by court rule, without the
consent of the individual.

The bill would also require agencies that receive instruments for filing
to post a prominent notice describing the above prohibition.  Lastly,
the bill would authorize the Attorney General to enforce the provisions
of this section by seeking an injunction against a violator.

JUSTIFICATION:
This bill would protect the privacy of New York State residents by

prohibiting the filing of unnecessary personal identifying information
with government entities.  Such filings are records to which the general
public may obtain access. Often documents such as mortgages and judg-
ments are filed with government entities for public purpose and contain
personal information not required by the statutory filing requirements.
While rare, there have been instances when copies of a person's drivers
license and credit card were submitted as part of a filing. This sensi-
tive information should not be publicly available. Furthermore, as more
and more localities implement systems allowing for public access of
records via the Internet, the need to ensure that vulnerable personal
information in not included in such records is critical.

As the incidence of identity theft continues to rise, it is essential
that precautions are implemented to ensure that personal identifying
information does not become available to unauthorized persons.

LEGISLATIVE HISTORY:
2011:      A.980   (Pheffer) - Passed Assembly
2009-2010: A.1819A (Pheffer) - Passed Assembly
2007-2008: A.275A  (Pheffer) - Passed Assembly

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after
it shall have become law.

2011-S7819 (ACTIVE) - Bill Text download pdf

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

                                  7819

                            I N  S E N A T E

                              June 25, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the general business law, in relation to personal infor-
  mation restrictions for public records

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

  Section 1. The general business law is amended by adding a new section
399-j to read as follows:
  S  399-J. PERSONAL INFORMATION RESTRICTIONS FOR PUBLIC RECORDS.  1. NO
PERSON OR BUSINESS  ENTITY  SHALL  INTENTIONALLY  CREATE  AN  INSTRUMENT
AVAILABLE FOR PUBLIC INSPECTION THAT IS TO BE FILED WITH OR SUBMITTED TO
AN  AGENCY  CONTAINING  PERSONAL  IDENTIFYING  INFORMATION  OF ANY OTHER
PERSON, UNLESS SUCH OTHER PERSON IS A DEPENDENT CHILD OR  HAS  CONSENTED
TO THE INCLUSION OF SUCH PERSONAL IDENTIFYING INFORMATION, WHICH IS NOT:
  (A) RELEVANT AND NECESSARY TO ACCOMPLISH THE PURPOSE OF THE FILING; OR
  (B) REQUIRED BY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, OR BY
COURT RULE.
  FOR THE PURPOSE OF THIS SECTION, THE PRINTING OR OTHER REPRODUCTION OF
A DOCUMENT RECEIVED BY ELECTRONIC OR ANY OTHER MEANS DOES NOT CONSTITUTE
CREATION OF THE DOCUMENT.
  2.  ANY  AGENCY  THAT  RECEIVES INSTRUMENTS FOR FILING SHALL POST IN A
PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO OR NEAR THE
LOCATION WHERE SUCH AGENCY HAS DESIGNATED FOR THE RECEIPT OF INSTRUMENTS
FOR FILING, A NOTICE DESCRIBING THE PROHIBITION CONTAINED IN SUBDIVISION
ONE OF THIS SECTION AND SUBDIVISION SIX OF SECTION THREE  HUNDRED  NINE-
TY-NINE-DD,  AS ADDED BY CHAPTER TWO HUNDRED SEVENTY-NINE OF THE LAWS OF
TWO THOUSAND EIGHT, OF THIS ARTICLE.
  3. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL MEAN:
  (A) "AGENCY" MEANS ANY STATE OR MUNICIPAL DEPARTMENT,  BOARD,  BUREAU,
DIVISION,  COMMISSION,  COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPORATION,
COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING  A  GOVERNMENTAL
OR  PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE MUNICIPALITIES
THEREOF, EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00862-01-1

S. 7819                             2

  (B)  "PERSONAL  IDENTIFYING  INFORMATION"  MEANS  A  DRIVER'S  LICENSE
NUMBER,  MOTHER'S  MAIDEN  NAME, CONSUMER CREDIT ACCOUNT NUMBER OR CODE,
SAVINGS ACCOUNT NUMBER OR CODE, CHECKING  ACCOUNT  NUMBER  OR  CODE,  OR
DEBIT CARD NUMBER OR CODE.
  4.  UPON  ANY VIOLATION OF THE PROVISIONS OF THIS SECTION, AN APPLICA-
TION 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 TO ISSUE
AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  THE  VIOLATION.  IF  IT
SHALL  APPEAR  TO  THE  SATISFACTION  OF  THE  COURT OR JUSTICE THAT THE
DEFENDANT HAS VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  THE
COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
OUT  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 EIGHT THOUSAND THREE HUNDRED THREE OF THE CIVIL PRACTICE  LAW
AND  RULES,  AND  DIRECT  RESTITUTION. IN CONNECTION WITH AN APPLICATION
MADE UNDER THIS SECTION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO  TAKE
PROOF  AND  TO  MAKE  A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND  RULES.  ANY
PENALTY OR INJUNCTION FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION
SHALL BE ASSESSED AGAINST THE PERSON OR BUSINESS ENTITY THAT CREATED THE
INSTRUMENT. NO PERSON, BUSINESS ENTITY OR AGENCY SHALL BE DEEMED TO HAVE
VIOLATED  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF THIS SECTION IF SUCH
PERSON, BUSINESS ENTITY OR AGENCY HAD NO INVOLVEMENT IN THE CREATION  OF
THE INSTRUMENT, OR CREATED THE INSTRUMENT WITHOUT THE INTENTION OR KNOW-
LEDGE THAT THE INSTRUMENT WAS TO BE FILED WITH AN AGENCY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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