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A2374Assembly2019-2020 SessionSame asS3582

Free ID Theft Protection

Official title

“Relates to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system”

Sponsor Jeffrey DinowitzAD-81+18 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
6/10
Moderate
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill requires credit reporting agencies to provide free identity theft prevention and mitigation services for up to five years after a security breach involving social security numbers.

Why it matters

  1. Direct consumer protection. By mandating up to five years of free identity theft prevention and mitigation services after a breach involving social security numbers, the bill offers significant, long-term safeguards for affected individuals, potentially reducing the risk of financial harm and stress.

  2. Proactive notification and support. The bill requires credit reporting agencies to provide clear information to consumers about how to enroll in these services and how to request a security freeze, empowering people to take control of their credit security quickly after a breach.

  3. Retrospective coverage. The requirements would apply not just to future breaches, but also to breaches that occurred up to three years before the law takes effect, potentially benefiting individuals impacted by recent high-profile data breaches.

  4. Targeted relief with safety valve. Agencies are exempt from offering free services if, after investigation, they reasonably determine the breach is unlikely to cause harm—introducing a balance between consumer protection and preventing unnecessary costs for businesses.

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Who cares

Headline styles

Free ID Theft Protection

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jeffrey Dinowitz

Assembly Member · Assembly District 81

Chair, Codes

History

  1. Signed chap.115
  2. Delivered to governor
  3. Returned to assembly
  4. Passed senateVote 62–0
  5. 3rd reading cal.870
  6. Substituted for S3582
  7. Referred to consumer protection
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.60
  11. Reported
  12. Reported referred to codes
Show 1 earlier action
  1. Referred to consumer affairs and 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.

S3582Senate

Free ID Theft Protection

Senate Floor Calendar · Sponsor Leroy Comrie

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2374

2019-2020 Regular Sessions

IN ASSEMBLY

January 22, 2019

Introduced by M. of A. DINOWITZ, BUCHWALD, GOTTFRIED, SIMON, SEAWRIGHT, SIMOTAS, BARRON, THIELE, FAHY, WRIGHT, GUNTHER, SOLAGES, ORTIZ, BRAUN- STEIN, WILLIAMS, OTIS, L. ROSENTHAL, SANTABARBARA, GALEF -- read once and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to requiring a consumer credit reporting agency to offer identity theft prevention and mitigation services in the case of a breach of the security of such agency's system

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (n) of section 380-t of the general business law is amended by adding a new paragraph 3 to read as follows:

(3)(i) Upon a breach of the security of the system of a consumer credit reporting agency which includes any social security number, such agency shall offer to each consumer, whose information, including social security number, was breached or is reasonably believed to have been breached, reasonable identity theft prevention services and, if applicable, identify theft mitigation services for a period not to exceed five years at no cost to such consumers. Such agency shall provide all information necessary for such consumers to enroll in such services and shall include information on how such consumers can request a security freeze. A consumer credit reporting agency shall not be required to offer such services if, after an appropriate investigation, the agency reasonably determines that the breach of security is unlikely to result in harm to the consumers whose information has been breached.

(ii) "Breach of the security of the system" as used in this paragraph shall have the same definition as in paragraph (c) of subdivision one of section eight hundred ninety-nine-aa of this chapter.

§ 2. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to any breach of the security of the system of a consumer credit reporting agency that occurred no more than three years prior to the effective date of this act.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01262-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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