Assembly Bill A8872A

2023-2024 Legislative Session

Relates to notification of a data breach

download bill text pdf

Sponsored By

Current Bill Status Via S2659 - Passed Assembly

  • 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

2023-A8872 - Details

See Senate Version of this Bill:
S2659
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
2021-2022: S5808

2023-A8872 - Summary

Provides that a business must provide notification of a data breach within 30 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.

2023-A8872 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8872
 
                           I N  A S S E M B L Y
 
                             January 25, 2024
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 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] 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:
   (a)  In  the event that any New York residents are to be notified, the
 person or business shall notify the state attorney general, the  depart-
 ment  of  state  and  the division of state police AND THE DEPARTMENT OF
 FINANCIAL SERVICES as to the timing, content  and  distribution  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2023-A8872A (ACTIVE) - Details

See Senate Version of this Bill:
S2659
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
2021-2022: S5808

2023-A8872A (ACTIVE) - Summary

Provides that a business must provide notification of a data breach within 30 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.

2023-A8872A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8872--A
 
                           I N  A S S E M B L Y
 
                             January 25, 2024
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on  Consumer  Affairs  and  Protection -- reported and referred to the
   Committee on Codes -- reported and referred to the Committee on  Rules
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 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] PROVIDED THAT SUCH NOTIFICATION SHALL  BE  MADE
 WITHIN  THIRTY 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, PROVIDED THAT SUCH NOTIFICATION
 SHALL BE MADE WITHIN THIRTY 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.

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