S04580 Summary:

BILL NOS04580A
 
SAME ASNo same as
 
SPONSORBONACIC
 
COSPNSR
 
MLTSPNSR
 
Add R2103-b, amd R3016, CPLR
 
Relates to confidentiality in papers filed in civil proceedings.
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S04580 Actions:

BILL NOS04580A
 
04/12/2011REFERRED TO JUDICIARY
05/17/20111ST REPORT CAL.741
05/18/20112ND REPORT CAL.
05/23/2011ADVANCED TO THIRD READING
06/24/2011COMMITTED TO RULES
01/04/2012REFERRED TO JUDICIARY
02/17/2012AMEND AND RECOMMIT TO JUDICIARY
02/17/2012PRINT NUMBER 4580A
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S04580 Floor Votes:

There are no votes for this bill in this legislative session.
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S04580 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4580--A
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     April 12, 2011
                                       ___________
 
        Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
          istration) -- read twice and ordered printed, and when printed  to  be
          committed  to the Committee on Judiciary -- recommitted to the Commit-
          tee on Judiciary 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 civil practice law and rules, in relation to  confi-
          dentiality in papers filed in civil proceedings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  rule 2103-b to read as follows:
     3    Rule 2103-b. Confidentiality in civil  proceedings.  1.  Except  in  a
     4  matrimonial  action  or  as otherwise provided by law or court order and
     5  whether or not a sealing order is or has been sought, the parties  shall
     6  omit  or redact confidential personal information in papers submitted to
     7  the court for filing. For purposes of this rule,  confidential  personal

     8  information means information which if publicly filed would increase the
     9  risk  of  identity  theft, fraudulent use or disclosures in violation of
    10  state or federal law.  Confidential personal information  includes,  but
    11  is not limited to, a social security number, a date of birth, a driver's
    12  license  number,  a  non-driver  photo  identification  card  number, an
    13  employee identification number, a mother's maiden name, an insurance  or
    14  financial  account  number, a credit card number, a computer password or
    15  computer access information, electronic signature data or unique  biome-
    16  tric data or patient medical information.
    17    2. The court, sua sponte or on motion by any person, may order a party

    18  to remove confidential personal information from papers or to resubmit a
    19  paper with such information redacted; order the clerk to seal the papers
    20  or  a  portion  thereof  containing confidential personal information in
    21  accordance with rules promulgated by  the  chief  administrator  of  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09320-02-2

        S. 4580--A                          2
 
     1  courts;  for  good  cause, permit the inclusion of confidential personal
     2  information in papers; or determine that  particular  information  in  a
     3  particular action is not confidential.

     4    3.  In  an  action  arising  out  of a consumer credit transaction, as
     5  defined in subdivision (f) of section one hundred five of this  chapter,
     6  the complaint shall include the last four digits of the relevant account
     7  numbers, if any. In the event the defendant appears and denies responsi-
     8  bility  for  the identified account, the plaintiff may, without leave of
     9  court, amend his or her pleading to add  full  account  or  confidential
    10  personal  information  by (a) submitting such amended paper to the court
    11  on written notice to defendant for in camera review; or (b)  in  accord-
    12  ance  with  rules  promulgated  by the chief administrator of the courts
    13  file such full account or other confidential personal information  under
    14  seal.

    15    §  2.  Rule  3016  of  the  civil practice law and rules is amended by
    16  adding a new subdivision (i) to read as follows:
    17    (i) Consumer credit transaction. In an action arising out of a consum-
    18  er credit transaction as defined  in  subdivision  (f)  of  section  one
    19  hundred  five of this chapter, the complaint shall include the last four
    20  digits of the relevant account numbers, if any.
    21    § 3. This act shall take effect immediately.
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