Assembly Bill A8695A

2017-2018 Legislative Session

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system

download bill text pdf

Sponsored By

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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Bill Amendments

co-Sponsors

2017-A8695 - Details

See Senate Version of this Bill:
S6923
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A2374, S3582

2017-A8695 - Summary

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system.

2017-A8695 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8695
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 5, 2017
                                ___________
 
 Introduced  by M. of A. DINOWITZ, GOTTFRIED, BUCHWALD, SIMON, SEAWRIGHT,
   SIMOTAS, BARRON, THIELE, FAHY, WRIGHT, GUNTHER, SOLAGES, ORTIZ, BRAUN-
   STEIN, McDONALD, WILLIAMS, OTIS --  read  once  and  referred  to  the
   Committee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   fees for security freezes by consumer credit reporting agencies in the
   case of a breach of information
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  (n) of section 380-t of the general business
 law is amended by adding a new paragraph 3 to read as follows:
   (3)(I) UPON A BREACH OF DATA OF A  CONSUMER  CREDIT  REPORTING  AGENCY
 WHICH  INCLUDES  ANY  SOCIAL SECURITY NUMBER, SUCH AGENCY SHALL OFFER TO
 EACH CONSUMER, WHOSE INFORMATION, INCLUDING SOCIAL SECURITY NUMBER,  WAS
 BREACHED  OR  IS  REASONABLY  BELIEVED  TO HAVE BEEN BREACHED, UNLIMITED
 REASONABLE IDENTITY THEFT PREVENTION SERVICES AND, IF APPLICABLE,  IDEN-
 TIFY THEFT MITIGATION SERVICES AT NO COST TO SUCH CONSUMERS. SUCH AGENCY
 SHALL  PROVIDE  ALL INFORMATION NECESSARY FOR SUCH CONSUMER TO ENROLL IN
 SUCH SERVICES AND SHALL INCLUDE INFORMATION ON  HOW  SUCH  CONSUMER  CAN
 REQUEST  A  SECURITY FREEZE. SUCH SERVICES ARE NOT REQUIRED IF, AFTER AN
 APPROPRIATE INVESTIGATION, THE AGENCY  REASONABLY  DETERMINES  THAT  THE
 BREACH  OF SECURITY IS UNLIKELY TO RESULT IN HARM TO THE CONSUMERS WHOSE
 INFORMATION HAS BEEN BREACHED.
   (II) UPON A BREACH OF DATA OF A CONSUMER CREDIT REPORTING AGENCY WHICH
 INCLUDES ANY SOCIAL SECURITY NUMBER, NO CONSUMER CREDIT REPORTING AGENCY
 SHALL, AT ANY TIME, CHARGE A FEE TO A CONSUMER REQUESTING THE  PLACEMENT
 OF  A  SECURITY FREEZE, OR FOR ANY SUBSEQUENT REMOVAL OF A FREEZE OR THE
 TEMPORARY LIFT OF A FREEZE FOR A SPECIFIC PARTY OR PERIOD OF TIME OR FOR
 THE ISSUANCE OF A REPLACEMENT PERSONAL IDENTIFICATION NUMBER OR PASSWORD
 WHEN THE CONSUMER FAILS TO RETAIN THE PERSONAL IDENTIFICATION NUMBER  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13504-03-7
              

co-Sponsors

2017-A8695A (ACTIVE) - Details

See Senate Version of this Bill:
S6923
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §380-t, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
A2374, S3582

2017-A8695A (ACTIVE) - Summary

Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system.

2017-A8695A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8695--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 5, 2017
                                ___________
 
 Introduced  by M. of A. DINOWITZ, GOTTFRIED, BUCHWALD, SIMON, SEAWRIGHT,
   SIMOTAS, BARRON, THIELE, FAHY, WRIGHT, GUNTHER, SOLAGES, ORTIZ, BRAUN-
   STEIN, McDONALD, WILLIAMS, OTIS,  L. ROSENTHAL,  SANTABARBARA,  GALEF,
   TITONE  -- read once and referred to the Committee on Consumer Affairs
   and Protection -- recommitted to the Committee on Consumer Affairs and
   Protection in accordance with Assembly Rule 3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the general business law, in relation to requiring a
   consumer credit reporting agency to offer  identity  theft  prevention
   and  mitigation  services  in  the case of a breach of the security of
   such agency's system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  (n) of section 380-t of the general business
 law is amended by adding a new paragraph 3 to read as follows:
   (3)(I) UPON A BREACH OF THE SECURITY OF THE SYSTEM OF A CONSUMER CRED-
 IT REPORTING AGENCY WHICH INCLUDES  ANY  SOCIAL  SECURITY  NUMBER,  SUCH
 AGENCY SHALL OFFER TO EACH CONSUMER, WHOSE INFORMATION, INCLUDING SOCIAL
 SECURITY  NUMBER,  WAS  BREACHED  OR IS REASONABLY BELIEVED TO HAVE BEEN
 BREACHED, REASONABLE IDENTITY THEFT PREVENTION SERVICES AND, IF APPLICA-
 BLE, IDENTIFY THEFT MITIGATION SERVICES FOR A PERIOD NOT TO EXCEED  FIVE
 YEARS AT NO COST TO SUCH CONSUMERS. SUCH AGENCY SHALL PROVIDE ALL INFOR-
 MATION NECESSARY FOR SUCH CONSUMERS TO ENROLL IN SUCH SERVICES AND SHALL
 INCLUDE INFORMATION ON HOW SUCH CONSUMERS CAN REQUEST A SECURITY FREEZE.
 A  CONSUMER  CREDIT REPORTING AGENCY SHALL NOT BE REQUIRED TO OFFER SUCH
 SERVICES IF, AFTER AN APPROPRIATE INVESTIGATION, THE  AGENCY  REASONABLY
 DETERMINES  THAT THE BREACH OF SECURITY IS UNLIKELY TO RESULT IN HARM TO
 THE CONSUMERS WHOSE INFORMATION HAS BEEN BREACHED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13504-06-8

              

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