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A05547 Summary:

BILL NOA05547
 
SAME ASSAME AS S03173
 
SPONSOREnglebright
 
COSPNSRAbinanti, Kim
 
MLTSPNSR
 
Add §399-jj, Gen Bus L
 
Prohibits persons or business entities from filing unnecessary personal identifying information with an agency; provides for enforcement by the attorney general.
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A05547 Actions:

BILL NOA05547
 
02/19/2021referred to governmental operations
01/05/2022referred to governmental operations
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A05547 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5547
 
SPONSOR: Englebright
  TITLE OF BILL: An act to amend the general business law, in relation to personal infor- mation restrictions for public records   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to protect the privacy of New York State residents, by prohibiting the filing of unnecessary identifying informa- tion with government entities.   SUMMARY OF PROVISIONS: This bill would prohibit any person or business entity from filing with the State or any political subdivision or any division or department thereof, any personal identifying information which is not relevant and necessary to accomplish the purpose of the filing, or not required by state or federal law, rule or regulation, or by court rule, without the consent of the individual. The bill would also require agencies that receive instruments for filing to post a prominent notice describing the above prohibition. Lastly, the bill would authorize the Attorney General to enforce the provisions of this section by seeking an injunction against a violator.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: This bill would protect the privacy of New York State residents by prohibiting the filing of unnecessary personal identifying information with government entities. Such filings are records to which the public may obtain access. Often documents such as mortgages and judgments are filed with government entities for public purpose and contain personal information not required by the statutory filing requirements. While rare, there have been instances when copies of a person's driver's license and credit card were submitted as part of a filing. This sensi- tive information should not be publicly available. Furthermore, as more and more localities implement systems allowing-for public access of records via the Internet, the need to ensure that vulnerable personal information in not included in such records is critical. As the inci- dence of identity theft continues to rise, it is essential that precau- tions are implemented to ensure that personal identifying information does not become available to unauthorized persons.   PRIOR LEGISLATIVE HISTORY: 2011-12 A9111 passed Assembly 2013-14 A6112 passed Assembly 2015-16 A3580 passed Assembly 2017-18 A3349 passed Assembly 2019-20 A3349 passed Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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