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A3001Assembly2019-2020 Session

Expand Private Information Definition

Official title

“Relates to private information”

Sponsor Patricia FahyAD-109Affects Public Safety & Consumer Affairs
Status
In Assembly Committee
Consumer Affairs And Protection
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Affairs And Protection

What's happening

This bill expands the definition of "private information" to include birthdates, home addresses, and phone numbers under New York law.

Why it matters

  1. Broader protection for personal data. By expanding "private information" to include birthdates, home addresses, and phone numbers, the law would require businesses to better safeguard these commonly used identifiers, which are often targeted in identity theft and social engineering attacks.

  2. Stronger breach notification requirements. Entities that suffer data breaches involving this newly covered information will have clearer legal obligations to notify affected individuals, potentially reducing harm and allowing people to take protective actions sooner.

  3. Increased compliance burden for businesses. Organizations handling New Yorkers’ data would need to review and possibly update their information security policies and protocols, as more types of everyday information now fall under stricter legal scrutiny.

  4. Addresses modern privacy risks. Since birthdates, addresses, and phone numbers can be used to reset account credentials or for phishing, including them in the law reflects a more up-to-date understanding of what information is sensitive in today's digital world.

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Who cares

  • Businesses handling personal information

    The bill would broaden the definition of private information to include birthdates, home addresses and phone numbers when combined with personal information, subject to the encryption conditions and government-records exclusion.

  • Banks and credit card companies

    Account, credit card and debit card numbers combined with personal information would qualify as private information without an accompanying security code, access code or password, subject to the encryption conditions.

  • New Yorkers whose personal data is held by businesses

    The bill would extend the private-information definition to more of their contact, birthdate and financial account information.

Headline styles

Expand Private Information Definition

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

Sponsors

Primary sponsor
Patricia Fahy

Assembly Member · Assembly District 109

No co-sponsors yet.

History

  1. Referred to consumer affairs and protection
  2. Referred to consumer affairs and protection

Full text

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

STATE OF NEW YORK

3001

2019-2020 Regular Sessions

IN ASSEMBLY

January 28, 2019

Introduced by M. of A. FAHY -- read once and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to private information

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

Section 1. Paragraph (b) of subdivision 1 of section 899-aa of the general business law, as added by chapter 442 of the laws of 2005, is amended to read as follows:

(b) "Private information" shall mean personal information consisting of any information in combination with any one or more of the following data elements, when either the personal information or the data element is not encrypted, or encrypted with an encryption key that has also been acquired:

(1) social security number;

(2) driver's license number or non-driver identification card number; [or]

(3) account number, credit or debit card number[, in combination with any required security code, access code, or password that would permit access to an individual's financial account]; or

(4) birthdates, home addresses, or phone numbers, or any combination thereof;

"Private information" does not include publicly available information which is lawfully made available to the general public from federal, state, or local government records.

§ 2. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD02292-01-9

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.