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A08375 Summary:

A08375 Actions:

A08375 Floor Votes:

A08375 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8375--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 15, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ, MAISEL, REILLY, M. MILLER, HIKIND,
          MILLMAN, ZEBROWSKI, P. RIVERA, GALEF, HOOPER -- Multi-Sponsored by  --
          M.  of A.   ABBATE, CRESPO, GABRYSZAK, GLICK, V. LOPEZ, McENENY, SCHI-
          MEL, SWEENEY, WEISENBERG -- read once and referred to the Committee on
          Consumer Affairs and Protection -- recommitted  to  the  Committee  on

          Consumer  Affairs  and  Protection in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the  general business law and the correction law, in
          relation to the processing of personal identifying information
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  399-dd  of the general business law, as added by
     2  chapter 676 of the laws of 2006, paragraph  (f)  of  subdivision  2  and
     3  subdivision 6 as added and subdivision 7 as renumbered by chapter 279 of
     4  the laws of 2008, is amended to read as follows:
     5    § [399-dd] 399-ddd. Confidentiality of social security account number.
     6  Beginning on and after January first, two thousand eight:

     7    1.  (a) As used in this section "social security account number" shall
     8  include the number issued by the federal social security  administration
     9  and any number derived from such number. Such term shall not include any
    10  number that has been encrypted.
    11    (b)  For  purposes  of  this section, the term "inmate" means a person
    12  confined in any local correctional facility as  defined  in  subdivision
    13  sixteen  of  section  two  of  the correction law or in any correctional
    14  facility as defined in paragraph (a) of subdivision four of section  two
    15  of the correction law pursuant to such person's conviction of a criminal
    16  offense.
    17    2.  No  person,  firm,  partnership,  association  or corporation, not
    18  including the state or its political subdivisions, shall do any  of  the
    19  following:
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13110-03-2
        A. 8375--A                          2
 
     1    (a)  Intentionally communicate to the general public or otherwise make
     2  available to the general public in any  manner  an  individual's  social
     3  security  account number. This paragraph shall not apply to any individ-
     4  ual intentionally communicating  to  the  general  public  or  otherwise
     5  making  available  to  the  general  public  his  or her social security
     6  account number.
     7    (b) Print an individual's social security account number on  any  card
     8  or tag required for the individual to access products, services or bene-

     9  fits  provided  by  the person, firm, partnership, association or corpo-
    10  ration.
    11    (c) Require an individual to  transmit  his  or  her  social  security
    12  account number over the internet, unless the connection is secure or the
    13  social security account number is encrypted.
    14    (d)  Require  an  individual to use his or her social security account
    15  number to access an internet web  site,  unless  a  password  or  unique
    16  personal  identification  number  or other authentication device is also
    17  required to access the internet website.
    18    (e) Print an individual's social security account number on any  mate-
    19  rials  that  are  mailed  to the individual, unless state or federal law
    20  requires the social security account number to be on the document to  be
    21  mailed.  Notwithstanding this paragraph, social security account numbers

    22  may be included in applications and forms sent by mail, including  docu-
    23  ments sent as part of an application or enrollment process, or to estab-
    24  lish,  amend  or terminate an account, contract or policy, or to confirm
    25  the accuracy of the social security account number.  A  social  security
    26  account number that is permitted to be mailed under this section may not
    27  be  printed, in whole or part, on a postcard or other mailer not requir-
    28  ing an envelope, or visible on the  envelope  or  without  the  envelope
    29  having been opened.
    30    (f)  Encode or embed a social security number in or on a card or docu-
    31  ment, including, but not limited to, using a bar  code,  chip,  magnetic
    32  strip,  or  other  technology,  in place of removing the social security
    33  number as required by this section.
    34    (g) Knowingly use the labor or time of or employ any  inmate  in  this

    35  state,  or  in  any  other  jurisdiction,  in any capacity that involves
    36  obtaining access to, collecting or processing  social  security  account
    37  numbers of other individuals.
    38    3.  This section does not prevent the collection, use, or release of a
    39  social security account number as required by state or federal law,  the
    40  use of a social security account number for internal verification, fraud
    41  investigation  or  administrative  purposes or for any business function
    42  specifically authorized by 15 U.S.C. 6802.
    43    4. Any person, firm, partnership, association  or  corporation  having
    44  possession  of  the  social  security  account  number of any individual
    45  shall, to the extent that such number is maintained for the  conduct  of
    46  business or trade, take reasonable measures to ensure that no officer or

    47  employee  has  access  to  such  number for any purpose other than for a
    48  legitimate or necessary purpose related to the conduct of such  business
    49  or  trade  and  provide  safeguards necessary or appropriate to preclude
    50  unauthorized access to the social security account number and to protect
    51  the confidentiality of such number.
    52    5. Any waiver of the provisions of this section is contrary to  public
    53  policy, and is void and unenforceable.
    54    6.  No  person  may  file any document available for public inspection
    55  with any state agency, political subdivision, or in any  court  of  this
    56  state  that  contains  a  social  security  account  number of any other
        A. 8375--A                          3
 
     1  person, unless such other person is a dependent child, or has  consented
     2  to  such  filing,  except  as  required by federal or state law or regu-

     3  lation, or by court rule.
     4    7.  Whenever  there  shall be a violation of this section, application
     5  may be made by the attorney general in the name of  the  people  of  the
     6  state of New York to a court or justice having jurisdiction by a special
     7  proceeding  to  issue an injunction, and upon notice to the defendant of
     8  not less than five days, to enjoin and restrain the continuance of  such
     9  violations;  and  if it shall appear to the satisfaction of the court or
    10  justice that the defendant has,  in  fact,  violated  this  section,  an
    11  injunction  may  be  issued  by  such  court  or  justice, enjoining and
    12  restraining any further violation,  without  requiring  proof  that  any
    13  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    14  proceeding, the court may make allowances to  the  attorney  general  as

    15  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    16  hundred three of the civil practice law and rules, and  direct  restitu-
    17  tion.  In  connection  with  any such proposed application, the attorney
    18  general is authorized to take proof and  make  a  determination  of  the
    19  relevant facts and to issue subpoenas in accordance with the civil prac-
    20  tice  law and rules. Whenever the court shall determine that a violation
    21  of subdivision two of this section has occurred, the court may impose  a
    22  civil  penalty  of  not  more  than  one  thousand  dollars for a single
    23  violation and not more than one hundred thousand  dollars  for  multiple
    24  violations resulting from a single act or incident. The second violation
    25  and  any  violation  committed thereafter shall be punishable by a civil
    26  penalty of not more than five thousand dollars for  a  single  violation

    27  and  not  more  than  two  hundred  fifty  thousand dollars for multiple
    28  violations resulting from a single act or  incident.  No  person,  firm,
    29  partnership, association or corporation shall be deemed to have violated
    30  the  provisions of this section if such person, firm, partnership, asso-
    31  ciation or corporation shows, by a preponderance of the  evidence,  that
    32  the  violation  was  not intentional and resulted from a bona fide error
    33  made notwithstanding the maintenance of procedures reasonably adopted to
    34  avoid such error.
    35    § 2. Subdivision 1 of section 170 of the correction law, as amended by
    36  section 23 of subpart A of part C of chapter 62 of the laws of 2011,  is
    37  amended to read as follows:
    38    1. The commissioner shall not, nor shall any other authority whatsoev-
    39  er,  make  any  contract by which the labor or time of any inmate in any

    40  state or local correctional facility in this state, or  the  product  or
    41  profit  of his work, shall be contracted, let, farmed out, given or sold
    42  to any person, firm, association or corporation; except that the inmates
    43  in said correctional institutions may work  for,  and  the  products  of
    44  their  labor  may be disposed of to, the state or any political subdivi-
    45  sion thereof, any public institution owned or managed and controlled  by
    46  the state, or any political subdivision thereof, provided that no inmate
    47  shall  be  employed  or assigned to engage in any activity that involves
    48  obtaining access to, collecting or processing  social  security  account
    49  numbers of other individuals.
    50    §  3.  This  act shall take effect on the ninetieth day after it shall
    51  have become a law.