Senate Bill S7347A

2015-2016 Legislative Session

Relates to the timeliness of disclosure of a breach of the security of a system which contains private information

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Archive: Last Bill Status - In Senate Committee Consumer Protection 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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Bill Amendments

2015-S7347 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S1104

2015-S7347 - Summary

Relates to the timeliness of disclosure of a breach of the security of a system which contains private information.

2015-S7347 - Sponsor Memo

2015-S7347 - Bill Text download pdf 

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

                                  7347

                            I N  S E N A T E

                             April 20, 2016
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to the  timeliness
  of  disclosure  of a breach of the security of a system which contains
  private information

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

  Section  1.  Subdivision  2  of section 899-aa of the general business
law, as added by chapter 442 of the laws of 2005, is amended to read  as
follows:
  2.  Any  person or business which conducts business in New York state,
and which owns or licenses  computerized  data  which  includes  private
information  shall  disclose  any  breach  of the security of the system
following discovery or notification of the breach in the security of the
system to any resident of New York state whose private information  was,
or  is  reasonably  believed  to have been, acquired by a person without
valid authorization. The disclosure shall be made in the most  expedient
time possible and without unreasonable delay, consistent with the legit-
imate  needs of law enforcement, as provided in subdivision four of this
section, or any measures necessary to determine the scope of the  breach
and  restore  the  reasonable  integrity  of  the  system, HOWEVER, SUCH
DISCLOSURE SHALL BE MADE NO LATER THAN FORTY-FIVE DAYS  AFTER  DISCOVERY
OR NOTIFICATION OF THE BREACH IN THE SECURITY SYSTEM.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15026-01-6

2015-S7347A (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S1104

2015-S7347A (ACTIVE) - Summary

Relates to the timeliness of disclosure of a breach of the security of a system which contains private information.

2015-S7347A (ACTIVE) - Sponsor Memo

2015-S7347A (ACTIVE) - Bill Text download pdf 

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

                                 7347--A

                            I N  S E N A T E

                             April 20, 2016
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to the  timeliness
  of  disclosure  of a breach of the security of a system which contains
  private information

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

  Section  1.  Subdivision  2  of section 899-aa of the general business
law, as added by chapter 442 of the laws of 2005, is amended to read  as
follows:
  2.  Any  person or business which conducts business in New York state,
and which owns or licenses  computerized  data  which  includes  private
information  shall  disclose  any  breach  of the security of the system
following discovery or notification of the breach in the security of the
system to any resident of New York state whose private information  was,
or  is  reasonably  believed  to have been, acquired by a person without
valid authorization. The disclosure shall be made [in the most expedient
time possible and]  without  unreasonable  delay,  consistent  with  the
legitimate  needs of law enforcement, as provided in subdivision four of
this section, or any measures necessary to determine the  scope  of  the
breach  and  restore  the reasonable integrity of the system. REASONABLE
DELAY UNDER THIS SUBDIVISION SHALL NOT EXCEED FORTY-FIVE DAYS, EXCEPT AS
PROVIDED IN SUBDIVISION FOUR OF THIS SECTION OR  UNLESS  THE  PERSON  OR
BUSINESS  SEEKING  ADDITIONAL  TIME DEMONSTRATES TO THE ATTORNEY GENERAL
THAT ADDITIONAL TIME IS REASONABLY NECESSARY TO DETERMINE THE  SCOPE  OF
THE  BREACH OF THE SECURITY SYSTEM, PREVENT FURTHER DISCLOSURES, CONDUCT
THE RISK ASSESSMENT, AND RESTORE THE REASONABLE INTEGRITY OF THE SECURI-
TY SYSTEM. IF THE ATTORNEY GENERAL DETERMINES THAT ADDITIONAL  DELAY  IS
NECESSARY  THE  AGENCY  MAY  EXTEND THE TIME PERIOD FOR NOTIFICATION FOR
ADDITIONAL PERIODS OF UP TO FORTY-FIVE DAYS  EACH.  ANY  SUCH  EXTENSION
SHALL BE PROVIDED IN WRITING.
  S 2. This act shall take effect immediately.

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

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