Senate Bill S5808

2021-2022 Legislative Session

Relates to notification of a data breach

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Internet And Technology 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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2021-S5808 (ACTIVE) - Details

Current Committee:
Senate Internet And Technology
Law Section:
General Business Law
Laws Affected:
Amd §899-aa, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6880
2019-2020: S2540
2023-2024: S2659

2021-S5808 (ACTIVE) - Summary

Provides that a business must provide notification of a data breach within 15 days of such breach; includes the department of financial services to the list of entities that must be notified of a data breach that affects any New York resident.

2021-S5808 (ACTIVE) - Sponsor Memo

2021-S5808 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5808
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the general business law, in relation to notification of
   a data breach
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 2 and subdivision 3 of
 section 899-aa of the general business law, as amended by chapter 117 of
 the laws of 2019, are amended to read as follows:
   Any  person or business 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, accessed or
 acquired by a person without valid authorization. The  disclosure  shall
 be  made  in  the  most expedient time possible and without unreasonable
 delay, [consistent with] AND SHALL BE MADE WITHIN FIFTEEN DAYS AFTER THE
 BREACH HAS BEEN DISCOVERED, EXCEPT  FOR  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
 integrity of the system].
   3.  Any  person  or  business  which maintains computerized data which
 includes private information which such person or business does not  own
 shall  notify  the owner or licensee of the information of any breach of
 the security of the system immediately AND WITHIN FIFTEEN DAYS following
 discovery, if the private information was, or is reasonably believed  to
 have been, accessed or acquired by a person without valid authorization.
   §  2.  Paragraph (a) of subdivision 8 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06765-02-1
              

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