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A10909 Summary:

BILL NOA10909
 
SAME ASNo Same As
 
SPONSORBurroughs
 
COSPNSR
 
MLTSPNSR
 
Add §296-e, Exec L
 
Enacts the "Shirley Myers White Right To Reconciliation and Digital Identity Repair Act"; establishes a right for individuals to have outdated, inaccurate, or incomplete public and digital narratives corrected once a legal matter is resolved; requires institutions to provide mechanisms for context, updates, and correction so that individuals are not permanently penalized by disproven or obsolete information in digital and automated systems.
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A10909 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10909
 
                   IN ASSEMBLY
 
                                      April 8, 2026
                                       ___________
 
        Introduced  by  M.  of  A.  BURROUGHS  --  read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to enacting the  "Shirley
          Myers White Right To Reconciliation and Digital Identity Repair Act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited  as  the  "Shirley
     2  Myers White Right To Reconciliation and Digital Identity Repair Act".
     3    § 2. Legislative findings. The legislature finds and declares that:
     4    1.  In  modern society, individuals are increasingly governed not only
     5  by formal legal outcomes, but by persistent  narratives  introduced  and
     6  amplified  through journalism, digital platforms, automated systems, and
     7  institutional records.
     8    2. When allegations,  arrests,  or  adverse  events  are  reported  or
     9  recorded,  they  often  receive  prominent and lasting visibility, while
    10  resolutions such as  acquittals,  dismissals,  or  exonerations  receive
    11  little or no corresponding prominence.
    12    3.  The  continued  circulation  of outdated, incomplete, or disproven
    13  narratives can cause ongoing and disproportionate  harm,  including  but
    14  not limited to:
    15    (a) barriers to employment, education, and housing;
    16    (b) compromised personal safety and social standing;
    17    (c) psychological distress and reputational damage; and
    18    (d) structural exclusion through automated screening systems.
    19    4.  Advances  in artificial intelligence, search algorithms, and auto-
    20  mated decision-making  tools  have  intensified  this  harm  by  scaling
    21  outdated  information,  often  without transparency, context, or a mech-
    22  anism for correction.
    23    5. Modern indexing  and  artificial  intelligence  systems  materially
    24  affect how narratives persist and influence decision-making.
    25    6.  Search engines, automated background checks, data aggregators, and
    26  screening tools rely on indexed digital information to assess credibili-
    27  ty, eligibility, and risk. These systems  do  not  independently  verify

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14691-01-6

        A. 10909                            2
 
     1  accuracy,  context,  or  legal  resolution;  they surface and prioritize
     2  information based on availability and perceived relevance.
     3    7.  When  arrests,  allegations, or adverse events are indexed without
     4  corresponding updates reflecting  resolution  or  correction,  automated
     5  systems may continue to treat incomplete narratives as current truth. In
     6  this  environment,  unresolved  narratives  can quietly govern access to
     7  employment, housing, education, safety, and  social  participation  long
     8  after legal systems have corrected themselves.
     9    8. In some instances, individuals or institutions vested with authori-
    10  ty continue to assert or maintain narratives that contradict adjudicated
    11  legal  outcomes, resulting in narrative abuse by authority and undermin-
    12  ing trust in public systems.
    13    9. Social workers, legal practitioners, educators, and community advo-
    14  cates routinely encounter individuals whose lives remain constrained  by
    15  narratives that no longer reflect legal truth or present reality.
    16    10.  Accountability  and public safety are essential; however, justice
    17  does not end  at  disposition,  and  ethical  systems  must  distinguish
    18  between  accountability  and permanent narrative punishment. The absence
    19  of a clear, consistent right  to  reconciliation  and  digital  identity
    20  repair  across  systems  creates inequity, erodes trust, and perpetuates
    21  harm inconsistent  with  principles  of  dignity,  proportionality,  and
    22  integrity.
    23    § 3. Legislative purpose. 1. The purpose of this act is to:
    24    (a)  establish  a  right to reconciliation and digital identity repair
    25  for individuals whose legal matters have been resolved, or whose circum-
    26  stances have materially changed;
    27    (b) ensure that narratives introduced by institutions are  accompanied
    28  by mechanisms for accuracy, context, update, and completion;
    29    (c)  prevent  individuals  from  being permanently governed by biased,
    30  outdated, incomplete, or authority-enforced narratives;
    31    (d) create  system-appropriate  obligations  across  distinct  domains
    32  where  narrative  harm  occurs,  while preserving accountability, public
    33  safety, and freedom of the press; and
    34    (e) affirm reconciliation as a matter of systems integrity, not  pref-
    35  erential treatment.
    36    2.  This act further recognizes that reconciliation must extend beyond
    37  formal legal disposition into the indexed and automated systems that now
    38  shape real-world outcomes. When institutions correct  themselves,  those
    39  corrections  must  be  capable  of traveling with the narrative into the
    40  systems that rely on digital identity to make consequential decisions.
    41    § 4. The executive law is amended by adding a  new  section  296-e  to
    42  read as follows:
    43    §  296-e. Right to reconciliation and digital identity repair. 1.  For
    44  purposes of this section, the following terms shall have  the  following
    45  meanings:
    46    (a)  "Narrative"  means  any  public  or institutional representation,
    47  either written, visual, digital, or automated, that  describes,  charac-
    48  terizes, or implies an individual's conduct, risk, character, or status.
    49    (b)  "Narrative  harm" means material harm resulting from the persist-
    50  ence, amplification, or enforcement of a narrative that  is  inaccurate,
    51  outdated,  incomplete,  or disproportionate to verified facts or adjudi-
    52  cated outcomes.
    53    (c)  "Reconciliation"  means  the  process  by  which  narratives  are
    54  corrected,  contextualized,  or completed to reflect current legal truth
    55  and material reality.

        A. 10909                            3
 
     1    (d) "Digital identity  repair"  means  reasonable  measures  taken  to
     2  ensure that an individual's digital presence does not materially misrep-
     3  resent their legal status or factual circumstances.
     4    (e)  "Narrative  abuse  by authority" means the continued assertion or
     5  circulation of a disproven, exaggerated, or  outdated  narrative  by  an
     6  individual or institution vested with formal authority, despite evidence
     7  or adjudication to the contrary.
     8    (f)   "Disposition"   means   an  acquittal,  dismissal,  exoneration,
     9  completion of sentence, or any final legal resolution.
    10    2. The right  to  reconciliation  shall  apply  across  the  following
    11  domains, each with system-appropriate obligations:
    12    (a)  Journalism  and media; narrative introduction without completion.
    13  (i) Media entities that publish information regarding  arrests,  allega-
    14  tions, or criminal proceedings shall establish procedures to:
    15    (1)  update  or  contextualize coverage when legal outcomes materially
    16  change;
    17    (2) ensure that resolutions receive reasonable  visibility  comparable
    18  to initial reporting; and
    19    (3)  mitigate ongoing harm when continued publication no longer serves
    20  a legitimate public interest.
    21    (ii) This section shall not require removal of historical records, but
    22  shall affirm the responsibility to restore accuracy and context.
    23    (b) Artificial intelligence and automated systems; narrative  amplifi-
    24  cation  without  stewardship.  Entities  utilizing  automated  tools for
    25  screening, ranking, or decision-making shall:
    26    (i) provide notice when adverse decisions rely on automated  narrative
    27  sources;
    28    (ii)  allow  for  the  correction of materially inaccurate or outdated
    29  information; and
    30    (iii) ensure human review when narrative harm is alleged.
    31    (c) Hiring, housing and opportunity systems;  pre-adjudication  exclu-
    32  sion.  (i) Employers, housing providers, and institutions shall not rely
    33  solely  on  uncontextualized  narratives  where  legal   resolution   or
    34  correction is available.
    35    (ii) Individuals shall have the right to:
    36    (1) understand adverse decisions based on narrative information;
    37    (2) submit documentation of reconciliation or resolution; and
    38    (3) request reconsideration where appropriate.
    39    (d) Law enforcement and judicial adjacency; narrative abuse by author-
    40  ity. (i) Following legal disposition, no authority shall knowingly main-
    41  tain  or  disseminate  narratives that materially contradict adjudicated
    42  outcomes.
    43    (ii) Agencies  and  entities  shall  implement  safeguards  to  ensure
    44  records,  statements, and communications reflect legal truth and propor-
    45  tionality.
    46    (e) Digital life,  relationships  and  social  opportunity;  narrative
    47  compression  in  everyday  life.  (i)  Individuals  shall have access to
    48  reasonable mechanisms to contest and correct materially harmful  digital
    49  narratives that misrepresent resolved matters.
    50    (ii)  Digital  platforms shall be encouraged to support contextualiza-
    51  tion and dispute resolution consistent with this section.
    52    (iii) Social media platforms, as such  term  is  defined  pursuant  to
    53  subdivision  five of section eleven hundred of the general business law,
    54  shall remove any accusations about an individual that  are  not  factual
    55  and may jeopardize such individual's reputation.
    56    3. (a) Nothing in this section shall be construed to:

        A. 10909                            4
 
     1    (i) erase accountability for harm;
     2    (ii) interfere with lawful investigations;
     3    (iii) suppress lawful speech;
     4    (iv) require false statements or misrepresentation of facts;
     5    (v)  regulate  or  restrict freedom of speech, personal expression, or
     6  private communication; or
     7    (vi) regulate social media platforms, search engines,  or  third-party
     8  technology  providers,  or to require such entities to remove, suppress,
     9  or alter content.
    10    (b) Responsibilities under this section  shall  apply  solely  to  the
    11  institution,  agency,  or  entity  that originated, authorized, or main-
    12  tained the official narrative or  record  at  issue,  including  content
    13  published  on  official  websites,  press  releases,  public records, or
    14  institutional social media accounts.
    15    4. The division of human rights shall develop guidance consistent with
    16  this section and shall consult with stakeholders, including social  work
    17  professionals,  legal  experts, and civil liberties organizations in the
    18  development of such guidance.
    19    § 5. This act shall take effect immediately.
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