Assembly Bill A7232A

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2017-A7232 - Details

See Senate Version of this Bill:
S1104
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S7347

2017-A7232 - Summary

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

2017-A7232 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7232
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Consumer Affairs and 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
 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2017-A7232A (ACTIVE) - Details

See Senate Version of this Bill:
S1104
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:
S7347

2017-A7232A (ACTIVE) - Summary

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

2017-A7232A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7232--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M. of A. OTIS -- read once and referred to the Committee
   on Consumer Affairs  and  Protection  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.