Provides that a business must provide notification of a data breach within 30 days of such breach; includes the department of financial services to the list of entities that must be notified of a data breach that affects any New York resident.
STATE OF NEW YORK
________________________________________________________________________
8872--A
IN ASSEMBLY
January 25, 2024
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Consumer Affairs and Protection -- reported and referred to the
Committee on Codes -- reported and referred to the Committee on Rules
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the general business law, in relation to notification of
a data breach
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 2 and subdivision 3 of
2 section 899-aa of the general business law, as amended by chapter 117 of
3 the laws of 2019, are amended to read as follows:
4 Any person or business which owns or licenses computerized data which
5 includes private information shall disclose any breach of the security
6 of the system following discovery or notification of the breach in the
7 security of the system to any resident of New York state whose private
8 information was, or is reasonably believed to have been, accessed or
9 acquired by a person without valid authorization. The disclosure shall
10 be made in the most expedient time possible and without unreasonable
11 delay, [consistent with] provided that such notification shall be made
12 within thirty days after the breach has been discovered, except for the
13 legitimate needs of law enforcement, as provided in subdivision four of
14 this section[, or any measures necessary to determine the scope of the
15 breach and restore the integrity of the system].
16 3. Any person or business which maintains computerized data which
17 includes private information which such person or business does not own
18 shall notify the owner or licensee of the information of any breach of
19 the security of the system immediately, provided that such notification
20 shall be made within thirty days following discovery, if the private
21 information was, or is reasonably believed to have been, accessed or
22 acquired by a person without valid authorization.
23 § 2. Paragraph (a) of subdivision 8 of section 899-aa of the general
24 business law, as amended by chapter 117 of the laws of 2019, is amended
25 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04602-04-4
A. 8872--A 2
1 (a) In the event that any New York residents are to be notified, the
2 person or business shall notify the state attorney general, the depart-
3 ment of state [and], the division of state police, and the department of
4 financial services as to the timing, content and distribution of the
5 notices and approximate number of affected persons and shall provide a
6 copy of the template of the notice sent to affected persons. Such notice
7 shall be made without delaying notice to affected New York residents.
8 § 3. This act shall take effect immediately.
