S02642 Summary:

BILL NO    S02642A

SAME AS    No same as 

SPONSOR    PARKER

COSPNSR    

MLTSPNSR   

Add Art 11-A SS232 & 233, S225-b, Exec L

Relates to oversight of New York state intelligence data centers.
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S02642 Actions:

BILL NO    S02642A

01/23/2013 REFERRED TO FINANCE
01/08/2014 REFERRED TO FINANCE
02/04/2014 AMEND AND RECOMMIT TO FINANCE
02/04/2014 PRINT NUMBER 2642A
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S02642 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        2642--A

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 23, 2013
                                      ___________

       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance -- recommitted  to
         the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee

       AN  ACT to amend the executive law, in relation to oversight of intelli-
         gence data centers

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The executive law is amended by adding a new article 11-A
    2  to read as follows:
    3                                ARTICLE 11-A
    4     OFFICE OF DATA PROTECTION AND PRIVACY OVERSIGHT FOR NEW YORK STATE
    5             FUSION CENTERS AND OTHER INTELLIGENCE DATA CENTERS
    6  SECTION 232. DEFINITIONS.
    7          233. ESTABLISHMENT.
    8    S 232. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS SHALL
    9  HAVE THE FOLLOWING MEANINGS:
   10    1. "OFFICE" SHALL MEAN THE OFFICE OF DATA PROTECTION AND PRIVACY OVER-
   11  SIGHT FOR NEW YORK STATE INTELLIGENCE DATA CENTERS.
   12    2. "INTELLIGENCE DATA CENTER" SHALL  MEAN  ANY  ENTITY  WHOSE  MISSION
   13  INCLUDES  COLLECTING, ANALYZING, AND SHARING INTELLIGENCE DATA AND OTHER
   14  DATA FOR LAW ENFORCEMENT OR HOMELAND SECURITY PURPOSES.
   15    3. "PERSONALLY IDENTIFIABLE INFORMATION" SHALL MEAN ALL PERSONAL  DATA
   16  AND  ANY DATA ELEMENT OR COMBINATION OF DATA ELEMENTS THAT IDENTIFIES OR
   17  COULD BE USED TO IDENTIFY ANY INDIVIDUAL, INCLUDING, BUT NOT LIMITED TO,
   18  BY ANY OF THE FOLLOWING:
   19    (A) NAME OF PERSON;
   20    (B) DATE OF BIRTH;
   21    (C) ADDRESS OF RESIDENCE;
   22    (D) ELECTRONIC PASSWORD;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07097-02-4
       S. 2642--A                          2

    1    (E) UNIQUE ACCOUNT NUMBER;
    2    (F) PHONE NUMBER;
    3    (G) BIOMETRIC IDENTIFIERS INCLUDING SIGNATURE, DNA, FINGERPRINTS, IRIS
    4  OR  RETINAL  SCANS, PALM TELEMETRY, PHOTOGRAPH, FACIAL RECOGNITION MEAS-
    5  UREMENTS OR ANY OTHER BIOMETRIC MEASUREMENT;
    6    (H) E-MAIL ADDRESS;
    7    (I) INTERNET PROTOCOL ADDRESS;
    8    (J) WEB ADDRESS; OR
    9    (K) ANY OTHER UNIQUE IDENTIFIER.
   10    S 233. ESTABLISHMENT. 1. THERE IS HEREBY  ESTABLISHED  THE  OFFICE  OF
   11  DATA  PROTECTION  AND  PRIVACY  OVERSIGHT  FOR INTELLIGENCE DATA CENTERS
   12  OPERATING IN NEW YORK STATE.
   13    2. THE OFFICE SHALL BE UNDER THE  DIRECTION  OF  A  COMMISSIONER,  WHO
   14  SHALL DEVOTE FULL TIME TO HIS OR HER DUTIES.
   15    3.  THE COMMISSIONER SHALL BE APPOINTED BY THE GOVERNOR, AND CONFIRMED
   16  BY THE SENATE, AND SHALL SERVE FOR A TERM OF THREE YEARS.
   17    4. (A) THE PERSON SO APPOINTED SHALL BE  SELECTED  WITHOUT  REGARD  TO
   18  PARTY  AFFILIATION AND SOLELY ON THE BASIS OF INTEGRITY AND DEMONSTRATED
   19  ABILITY IN DATA MANAGEMENT, PRIVACY PROTECTION,  PUBLIC  ADMINISTRATION,
   20  LAW, MANAGEMENT ANALYSIS, OR THE ADMINISTRATION OF JUSTICE.
   21    (B)  IN  CASE OF A VACANCY IN THE POSITION OF THE COMMISSIONER, HIS OR
   22  HER SUCCESSOR SHALL BE APPOINTED IN THE SAME MANNER  FOR  THE  UNEXPIRED
   23  TERM.  NO PERSON SHALL BE APPOINTED FOR MORE THAN TWO THREE-YEAR TERMS.
   24    (C)  THE PERSON SO APPOINTED MAY BE REMOVED FROM OFFICE, FOR CAUSE, BY
   25  THE GOVERNOR. SUCH CAUSE MAY INCLUDE SUBSTANTIAL NEGLECT OF DUTY,  GROSS
   26  MISCONDUCT  OR  CONVICTION  OF  A  CRIME. THE REASONS FOR REMOVAL OF THE
   27  COMMISSIONER SHALL BE STATED IN WRITING AND SHALL INCLUDE THE BASIS  FOR
   28  SUCH  REMOVAL. SUCH WRITING SHALL BE SENT TO THE LEGISLATURE, THE GOVER-
   29  NOR, AND THE SECRETARY OF STATE AT THE TIME OF THE REMOVAL AND SHALL  BE
   30  DEEMED TO BE A PUBLIC DOCUMENT.
   31    5.  (A)  THE  COMMISSIONER MAY, SUBJECT TO APPROPRIATION, APPOINT SUCH
   32  OTHER PERSONNEL AS MAY BE DEEMED NECESSARY TO PERFORM THE DUTIES OF  THE
   33  OFFICE.
   34    (B)  THE  COMMISSIONER SHALL BE AUTHORIZED TO APPLY FOR, AND ACCEPT ON
   35  BEHALF OF THE STATE, FEDERAL, LOCAL OR PRIVATE GRANTS,  BEQUESTS,  GIFTS
   36  OR  CONTRIBUTIONS  FOR  THE PURPOSE OF CARRYING OUT THE FUNCTIONS OF THE
   37  OFFICE.
   38    (C) THE COMMISSIONER SHALL DEVELOP PROCEDURES FOR THE OFFICE APPROPRI-
   39  ATE TO THE EFFECTIVE PERFORMANCE OF ITS DUTIES.
   40    6. THE COMMISSIONER OR HIS OR HER DESIGNEES SHALL HAVE ACCESS  AT  ANY
   41  AND  ALL  REASONABLE  TIMES TO ANY FACILITY, PROGRAM, OR PORTION THEREOF
   42  THAT IS OPERATED BY INTELLIGENCE DATA CENTERS IN THE STATE, AND  TO  ALL
   43  RECORDS,  REPORTS,  MATERIALS,  AND  EMPLOYEES IN ORDER TO CARRY OUT THE
   44  RESPONSIBILITIES OF THE OFFICE.
   45    7. THE COMMISSIONER  MAY  REQUEST  THE  ATTENDANCE  AND  TESTIMONY  OF
   46  WITNESSES  AND  THE  PRODUCTION  OF  DOCUMENTS,  PAPERS, BOOKS, RECORDS,
   47  REPORTS, REVIEWS, RECOMMENDATIONS, CORRESPONDENCE, DATA AND OTHER INFOR-
   48  MATION THAT THE COMMISSIONER REASONABLY  BELIEVES  IS  RELEVANT  TO  THE
   49  OVERSIGHT  AND REPORTING RESPONSIBILITIES OF THE OFFICE. IF A REQUEST IS
   50  DENIED, THE COMMISSIONER SHALL HAVE THE POWER TO ISSUE  A  SUBPOENA  FOR
   51  WITNESSES AND THE PRODUCTION OF DOCUMENTS AND ANY OTHER DATA, IN WHATEV-
   52  ER FORM, INCLUDING ELECTRONIC, THAT THE COMMISSIONER REASONABLY BELIEVES
   53  IS RELEVANT. IF ANY PERSON TO WHOM A SUBPOENA IS ISSUED FAILS TO APPEAR,
   54  OR  HAVING  APPEARED,  REFUSES  TO  GIVE  TESTIMONY  OR FAILS TO PRODUCE
   55  EVIDENCE REQUIRED, THE COMMISSIONER MAY APPLY TO THE SUPERIOR  COURT  TO
   56  ISSUE  AN  ORDER  TO COMPEL THE TESTIMONY AND PRODUCTION OF DOCUMENTS OF
       S. 2642--A                          3

    1  ANY SUCH WITNESSES. A FAILURE TO OBEY  THE  ORDER  MAY  BE  PUNISHED  AS
    2  CONTEMPT.  ANY  PERSON  OR OFFICE OR CUSTODIAN OF RECORDS TO WHOM SUCH A
    3  REQUEST OR SUBPOENA IS DIRECTED MAY SEEK INJUNCTIVE RELIEF IN THE  SUPE-
    4  RIOR COURT TO DEFER A SUBPOENA ISSUED BY THE COMMISSIONER.
    5    8. THE OFFICE SHALL:
    6    (A)  EXAMINE, ON A SYSTEM-WIDE BASIS, THE ENTIRE SCOPE OF THE INTELLI-
    7  GENCE AND OTHER OPERATIONS OF INTELLIGENCE  DATA  CENTERS  IN  NEW  YORK
    8  STATE.
    9    (B) INVESTIGATE, EVALUATE, AND ANALYZE THE PARTICULAR PROCEDURES, BOTH
   10  AS  WRITTEN  AND  IN  PRACTICE, EMPLOYED BY INTELLIGENCE DATA CENTERS IN
   11  COLLECTING DATA, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION,  AND  IN
   12  PROTECTING THE PRIVACY AND SECURITY OF SUCH INFORMATION;
   13    (C) INVESTIGATE, EVALUATE, AND ANALYZE THE PARTICULAR PROCEDURES, BOTH
   14  WRITTEN AND IN PRACTICE, EMPLOYED BY INTELLIGENCE DATA CENTERS TO ENSURE
   15  THAT  THE  ACTIVITIES  OF  SUCH CENTERS DO NOT INFRINGE ON THE RIGHTS TO
   16  FREEDOM OF ASSEMBLY,  ASSOCIATION,  AND  EXPRESSION  GUARANTEED  BY  THE
   17  UNITED STATES CONSTITUTION AND THE NEW YORK STATE CONSTITUTION;
   18    (D)  INVESTIGATE,  EVALUATE,  AND  ANALYZE  THE IMPACT OF ANY MILITARY
   19  INVOLVEMENT IN INTELLIGENCE DATA CENTER ACTIVITIES;
   20    (E) INVESTIGATE, EVALUATE, AND  ANALYZE  THE  IMPACT  OF  ANY  PRIVATE
   21  SECTOR INVOLVEMENT IN INTELLIGENCE DATA CENTER ACTIVITIES ON THE PRIVACY
   22  AND SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION;
   23    (F)  INVESTIGATE,  EVALUATE,  AND  ANALYZE  THE  QUALITY,  TIMELINESS,
   24  COMPLETENESS, ACCURACY AND  EFFICIENCY  OF  INTELLIGENCE  DATA  CENTERS'
   25  RESPONSES TO INDIVIDUALS' REQUESTS;
   26    (G)  ISSUE SEMI-ANNUAL WRITTEN REPORTS, WHICH SHALL BE PUBLIC RECORDS,
   27  AND SHALL BE FILED WITH THE LEGISLATURE, AND SUBMITTED TO THE  GOVERNOR,
   28  THE CHAIRS OF THE ASSEMBLY WAYS AND MEANS AND SENATE FINANCE COMMITTEES,
   29  THE  CHAIRS  OF THE SENATE AND ASSEMBLY JUDICIARY COMMITTEES, THE SENATE
   30  VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS COMMITTEE,  THE  SENATE
   31  CONSUMER  PROTECTION  COMMITTEE  AND  THE  ASSEMBLY CONSUMER AFFAIRS AND
   32  PROTECTION  COMMITTEE  AND  THE  ASSEMBLY  ECONOMIC   DEVELOPMENT,   JOB
   33  CREATION,  COMMERCE  AND  INDUSTRY  COMMITTEE. THE FIRST REPORT SHALL BE
   34  FILED ON OR BEFORE JANUARY THIRTIETH, TWO THOUSAND SIXTEEN;
   35    (H) ASSIST AND COOPERATE WITH THE  MEMBERS  OF  THE  SEVERAL  RELEVANT
   36  COMMITTEES,  AS  NOTED,  IN CONVENING AND PARTICIPATING IN ANNUAL PUBLIC
   37  HEARINGS CONCERNING THE OPERATIONS OF INTELLIGENCE DATA CENTERS  IN  THE
   38  STATE;
   39    (I) PROVIDE INDEPENDENT OVERSIGHT OF DATA AND PRIVACY PROTECTION FUNC-
   40  TIONS AT INTELLIGENCE DATA CENTERS, WITH REGARD TO THE COLLECTION, MAIN-
   41  TENANCE  AND  STORAGE, AND ANY DISCLOSURE, TRANSFER, OR DISSEMINATION OF
   42  PERSONALLY IDENTIFIABLE INFORMATION OR INTELLIGENCE DATA;
   43    (J) ADVISE THE PUBLIC AND PUBLIC OFFICIALS IN ALL BRANCHES AND AT  ALL
   44  LEVELS  OF  STATE GOVERNMENT ABOUT THE DATA AND PRIVACY PROTECTION OPER-
   45  ATIONS OF THE INTELLIGENCE DATA CENTERS; AND
   46    (K) MAKE ANNUAL FINDINGS AND RECOMMENDATIONS CONCERNING THE OPERATIONS
   47  OF INTELLIGENCE DATA  CENTERS  AND  SUBMIT  APPROPRIATE  LEGISLATION  TO
   48  ADDRESS IDENTIFIED ISSUES.
   49    S  2.  The  executive  law is amended by adding a new section 225-b to
   50  read as follows:
   51    S 225-B. PROHIBITION ON COLLECTING CERTAIN INFORMATION.   1. NO  STATE
   52  OR  LOCAL  LAW  ENFORCEMENT  AGENCY,  PROSECUTORIAL OFFICE, OR POLICE OR
   53  PEACE OFFICER SHALL COLLECT OR MAINTAIN INFORMATION ABOUT THE POLITICAL,
   54  RELIGIOUS OR SOCIAL VIEWS, ASSOCIATIONS OR ACTIVITIES OF ANY INDIVIDUAL,
   55  GROUP, ASSOCIATION, ORGANIZATION, CORPORATION, BUSINESS  OR  PARTNERSHIP
   56  OR  OTHER ENTITY UNLESS SUCH INFORMATION DIRECTLY RELATES TO AN INVESTI-
       S. 2642--A                          4

    1  GATION OF CRIMINAL ACTIVITIES,  AND  THERE  ARE  REASONABLE  GROUNDS  TO
    2  SUSPECT THE SUBJECT OF THE INFORMATION IS INVOLVED IN CRIMINAL CONDUCT.
    3    2.  ANY  INFORMATION  COLLECTED OR MAINTAINED UNDER SUBDIVISION ONE OF
    4  THIS SECTION SHALL BE REFERRED TO  HEREINAFTER  AS  "PROTECTED  INFORMA-
    5  TION".  NO  INTELLIGENCE  DATA CENTER, AS DEFINED IN SECTION TWO HUNDRED
    6  THIRTY-TWO OF THIS CHAPTER, OR STATE OR LOCAL LAW ENFORCEMENT AGENCY  IN
    7  RECEIPT  OF INFORMATION FROM AN INTELLIGENCE DATA CENTER, SHALL COLLECT,
    8  MAINTAIN, OR DISSEMINATE SUCH INFORMATION EXCEPT IN ACCORDANCE WITH  THE
    9  PROVISIONS OF THIS SECTION.
   10    (A) NO INFORMATION SHALL BE KNOWINGLY RECEIVED, MAINTAINED, OR DISSEM-
   11  INATED  THAT  HAS  BEEN OBTAINED IN VIOLATION OF ANY APPLICABLE FEDERAL,
   12  STATE, OR LOCAL LAW, ORDINANCE, OR REGULATION.
   13    (B) ALL PROTECTED INFORMATION SHALL BE EVALUATED FOR  THE  RELIABILITY
   14  OF ITS SOURCE AND THE ACCURACY OF ITS CONTENT PRIOR TO BEING RECORDED IN
   15  ANY INVESTIGATION FILE.
   16    (C)  PROTECTED  INFORMATION SHALL BE DISSEMINATED ONLY TO LAW ENFORCE-
   17  MENT AGENCIES, CONTINGENT UPON REVIEW AND PRIOR WRITTEN AUTHORIZATION BY
   18  THE HEAD OF THE ORIGINATING LAW ENFORCEMENT AGENCY OR INTELLIGENCE  DATA
   19  CENTER.  A  RECORD OF ANY SUCH WRITTEN AUTHORIZATION SHALL BE MAINTAINED
   20  FOR A MINIMUM OF FIVE YEARS.
   21    (D) ALL INVESTIGATIONS UNDERTAKEN ON THE BASIS OF ANY PROTECTED INFOR-
   22  MATION SHALL FIRST BE AUTHORIZED IN WRITING BY THE HEAD OF THE  INVESTI-
   23  GATING  LAW ENFORCEMENT AGENCY OR INTELLIGENCE DATA CENTER.  A RECORD OF
   24  ANY SUCH WRITTEN AUTHORIZATION SHALL BE MAINTAINED IN THE  CORRESPONDING
   25  INVESTIGATION FILE FOR A MINIMUM OF FIVE YEARS.
   26    (E)  ALL  INFORMATION  RECORDED  IN  ANY  INVESTIGATION  FILE SHALL BE
   27  REVIEWED AT LEAST ONCE EVERY FIVE YEARS, AND ANY INFORMATION THAT IS NOT
   28  RELIABLE, ACCURATE, RELEVANT, AND TIMELY, SHALL BE  DESTROYED,  PROVIDED
   29  HOWEVER,  THAT ANY DOCUMENTS RELATED TO THE AUTHORIZATION FOR AND TERMI-
   30  NATION OF INVESTIGATIONS BASED IN WHOLE OR IN PART ON PROTECTED INFORMA-
   31  TION COLLECTED UNDER SUBDIVISION ONE OF THIS SECTION, AND  ANY  AUTHORI-
   32  ZATION TO DISSEMINATE SUCH PROTECTED INFORMATION, SHALL BE RETAINED.
   33    S 3. This act shall take effect on the one hundred eightieth day after
   34  it shall have become a law; provided, however, that effective immediate-
   35  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   36  necessary for the implementation of this act on its  effective  date  is
   37  authorized  and  directed  to  be  made  and completed on or before such
   38  effective date.
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