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S5366Senate2009-2010 SessionSame asS7273

Prohibits persons or business entities from filing unnecessary personal identifying information with an agency

Sponsor Hiram MonserrateSD-13Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Protection

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Who cares

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Sponsors

Primary sponsor
Hiram Monserrate

Senator · Senate District 13

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. Referred to consumer protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S7273Senate

Prohibits persons or business entities from filing unnecessary personal identifying information with an agency

In Senate Committee · Consumer Protection · Sponsor Kevin S. Parker

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

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

Purpose or 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.

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

2007-2008: A.275-A - Passed Assembly 2005-2006: A.7670-D - Passed Assembly

Fiscal implications

None.

Effective date

90 days after enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.