Bill Text: NY A07897 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires certain businesses to offer identity theft prevention and mitigation services in the case of a security breach; exempts businesses under financial hardship.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to consumer affairs and protection [A07897 Detail]

Download: New_York-2019-A07897-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7897

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 28, 2019
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Consumer Affairs and Protection

        AN  ACT  to  amend  the  general  business law, in relation to requiring
          certain businesses to offer identity theft prevention  and  mitigation
          services in the case of a security breach

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 899-aa of the general business law  is  amended  by
     2  adding a new subdivision 10 to read as follows:
     3    10. (a) Where a security breach from a person or business other than a
     4  consumer  credit reporting agency includes a social security number, and
     5  that person or business is required to provide notice under  subdivision
     6  two  of  this section, that person or business shall offer each resident
     7  of this state whose social security number was disclosed in  the  breach
     8  of  security  or  is  reasonably  believed to have been disclosed in the
     9  breach of security, reasonable credit report monitoring, identity  theft
    10  prevention  services  and,  if  applicable,  identity  theft  mitigation
    11  services at no cost to said resident for a period of not less than twen-
    12  ty-four months. The disclosure  required  by  subdivision  two  of  this
    13  section  shall  include  information  for any resident of New York state
    14  whose social security number was disclosed as a result of a data  breach
    15  to  obtain  free,  reasonable  credit  report monitoring, identity theft
    16  prevention  services  and,  if  applicable,  identity  theft  mitigation
    17  services as described in this section.
    18    (b)  The  requirement  to provide twenty-four months of identity theft
    19  mitigation services shall not apply to any individual  person  or  small
    20  business  as  defined  in section one hundred thirty-one of the economic
    21  development law that can demonstrate a financial hardship directly owing
    22  to such compliance. A request for a financial hardship waiver  shall  be
    23  made  to  the  commissioner of the department of financial services on a
    24  form prescribed by the department of financial services.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11671-03-9
        A. 7897                             2

     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law.  Effective immediately, the addition, amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation of this act on its effective date are authorized to be  made  and
     5  completed on or before such effective date.