NY State Senate Bill 2017-S2141

Senate Bill S2141

2017-2018 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 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
Jan 12, 2017	referred to consumer protection

2017-S2141 (ACTIVE) - Details

See Assembly Version of this Bill:: A3349
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-jj, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1819
2011-2012: A980, A9111
2013-2014: S7575, A6112
2015-2016: S307, A3580
2019-2020: S2121, A3349
2021-2022: S3173, A5547
2023-2024: S4500

2017-S2141 (ACTIVE) - Summary

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

2017-S2141 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2141

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

 PURPOSE OF GENERAL IDEA OF BILL :

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

 SUMMARY OF SPECIFIC 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 judgments 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 sensitive 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.

 PRIOR LEGISLATIVE HISTORY :

2011: A.980 (Pheffer) - Passed Assembly
2009-2010: A.1819-A (Pheffer) - Passed Assembly
2007-2008: A.275-A  (Pheffer) - Passed Assembly
2011-12: A9111 Gov Ops
2015-16: Referred to consumer protection

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
90 days after enactment.

2017-S2141 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2141
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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 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-jj to read as follows:
   § 399-JJ. 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-DDD 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03582-01-7

 S. 2141                             2
 
 OR PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE  MUNICIPALITIES
 THEREOF, EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE;
   (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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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.