NY State Senate Bill 2021-S3674

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer protection
Jan 30, 2021	referred to consumer protection

2021-S3674 (ACTIVE) - Details

See Assembly Version of this Bill:: A3119
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §899-aa, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6912, A8782
2019-2020: S6701, A2868
2023-2024: S1713, A3913
2025-2026: S3078

2021-S3674 (ACTIVE) - Summary

Provides that if the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, shall be provided at no cost to the affected person for not less than 12 months, along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information.

2021-S3674 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3674

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to credit monitor-
ing services

 
PURPOSE:

To require that companies that suffer a data breach provide free credit
monitoring services to effected persons for up to one year following the
breach.

 
SUMMARY OF PROVISIONS:

Section 1 - Requires that companies that suffer a data breach provide
free credit monitoring services to effected persons for up to one year
following the breach.

Section 2 - Effective date.

 
JUSTIFICATION:

Recent headlines have been dominated by a. massive data breach that
impacted the largest credit-reporting firm in the United States. This
breach is estimated to have effected 143 million Americans, or 44t of
the population. Millions suddenly found that their birthdates, home
addresses, telephone numbers, and, in some cases, even their social
security numbers and drivers license numbers had been leaked.

The implications of such a large scale and egregious breach of consumer
data security are serious. Millions have been exposed to the possibility
of becoming victims identity theft. This can lead to ongoing credit
problems and major costs to consumers to remedy the damage done. We must
do more to make sure that data breaches are prevented. But just as
important, is making sure consumers and law enforcement have the tools
available to mitigate damage as soon as a breach occurs. This bill, part
of a larger package that will target consumer data breaches at every
stage, will provide one of those tools.

This bill will require that companies that suffer a breach provide free
credit monitoring services to victims for up to one year following the
discovery of the breach. Credit monitoring is key to identifying the
occurrence of identity theft. This bill is a significant step toward
putting power back in the hands of the consumer.

 
LEGISLATIVE HISTORY:

2017-18: SC912/A2732 - CONSUMER PROTECTION/consumer affairs & protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediately.

2021-S3674 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3674
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 credit monitor-
   ing services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  7  of section 899-aa of the general business
 law, as amended by chapter 117 of the laws of 2019, is amended  to  read
 as follows:
   7.  Regardless  of the method by which notice is provided, such notice
 shall include contact information for the person or business making  the
 notification,  the  telephone numbers and websites of the relevant state
 and federal agencies that provide information regarding security  breach
 response and identity theft prevention and protection information, and a
 description  of  the categories of information that were, or are reason-
 ably believed to have been, accessed or acquired  by  a  person  without
 valid authorization, including specification of which of the elements of
 personal  information  and  private  information were, or are reasonably
 believed to have been, so accessed or acquired. IF THE PERSON  OR  BUSI-
 NESS  PROVIDING  THE NOTIFICATION WAS THE SOURCE OF THE BREACH, AN OFFER
 TO  PROVIDE  APPROPRIATE  IDENTITY  THEFT  PREVENTION   AND   MITIGATION
 SERVICES,  SHALL  BE  PROVIDED AT NO COST TO THE AFFECTED PERSON FOR NOT
 LESS THAN TWELVE MONTHS, ALONG WITH ALL INFORMATION  NECESSARY  TO  TAKE
 ADVANTAGE  OF  THE OFFER TO ANY PERSON WHOSE INFORMATION WAS OR MAY HAVE
 BEEN BREACHED IF THE BREACH EXPOSED OR MAY HAVE EXPOSED PERSONAL  INFOR-
 MATION AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06997-01-1

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Senate Bill S3674

Sponsored By

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

2021-S3674 (ACTIVE) - Details

2021-S3674 (ACTIVE) - Summary

2021-S3674 (ACTIVE) - Sponsor Memo

2021-S3674 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3674

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Sponsored By

Leroy Comrie

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

2021-S3674 (ACTIVE) - Details

2021-S3674 (ACTIVE) - Summary

2021-S3674 (ACTIVE) - Sponsor Memo

2021-S3674 (ACTIVE) - Bill Text download pdf

Comments