Bill Text: NY S04580 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to confidentiality in papers filed in civil proceedings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-17 - PRINT NUMBER 4580A [S04580 Detail]

Download: New_York-2011-S04580-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4580--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 12, 2011
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed  to the Committee on Judiciary -- recommitted to the Commit-
         tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the civil practice law and rules, in relation to  confi-
         dentiality in papers filed in civil proceedings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  rule 2103-b to read as follows:
    3    RULE 2103-B. CONFIDENTIALITY IN CIVIL  PROCEEDINGS.  1.  EXCEPT  IN  A
    4  MATRIMONIAL  ACTION  OR  AS OTHERWISE PROVIDED BY LAW OR COURT ORDER AND
    5  WHETHER OR NOT A SEALING ORDER IS OR HAS BEEN SOUGHT, THE PARTIES  SHALL
    6  OMIT  OR REDACT CONFIDENTIAL PERSONAL INFORMATION IN PAPERS SUBMITTED TO
    7  THE COURT FOR FILING. FOR PURPOSES OF THIS RULE,  CONFIDENTIAL  PERSONAL
    8  INFORMATION MEANS INFORMATION WHICH IF PUBLICLY FILED WOULD INCREASE THE
    9  RISK  OF  IDENTITY  THEFT, FRAUDULENT USE OR DISCLOSURES IN VIOLATION OF
   10  STATE OR FEDERAL LAW.  CONFIDENTIAL PERSONAL INFORMATION  INCLUDES,  BUT
   11  IS NOT LIMITED TO, A SOCIAL SECURITY NUMBER, A DATE OF BIRTH, A DRIVER'S
   12  LICENSE  NUMBER,  A  NON-DRIVER  PHOTO  IDENTIFICATION  CARD  NUMBER, AN
   13  EMPLOYEE IDENTIFICATION NUMBER, A MOTHER'S MAIDEN NAME, AN INSURANCE  OR
   14  FINANCIAL  ACCOUNT  NUMBER, A CREDIT CARD NUMBER, A COMPUTER PASSWORD OR
   15  COMPUTER ACCESS INFORMATION, ELECTRONIC SIGNATURE DATA OR UNIQUE  BIOME-
   16  TRIC DATA OR PATIENT MEDICAL INFORMATION.
   17    2. THE COURT, SUA SPONTE OR ON MOTION BY ANY PERSON, MAY ORDER A PARTY
   18  TO REMOVE CONFIDENTIAL PERSONAL INFORMATION FROM PAPERS OR TO RESUBMIT A
   19  PAPER WITH SUCH INFORMATION REDACTED; ORDER THE CLERK TO SEAL THE PAPERS
   20  OR  A  PORTION  THEREOF  CONTAINING CONFIDENTIAL PERSONAL INFORMATION IN
   21  ACCORDANCE WITH RULES PROMULGATED BY  THE  CHIEF  ADMINISTRATOR  OF  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09320-02-2
       S. 4580--A                          2
    1  COURTS;  FOR  GOOD  CAUSE, PERMIT THE INCLUSION OF CONFIDENTIAL PERSONAL
    2  INFORMATION IN PAPERS; OR DETERMINE THAT  PARTICULAR  INFORMATION  IN  A
    3  PARTICULAR ACTION IS NOT CONFIDENTIAL.
    4    3.  IN  AN  ACTION  ARISING  OUT  OF A CONSUMER CREDIT TRANSACTION, AS
    5  DEFINED IN SUBDIVISION (F) OF SECTION ONE HUNDRED FIVE OF THIS  CHAPTER,
    6  THE COMPLAINT SHALL INCLUDE THE LAST FOUR DIGITS OF THE RELEVANT ACCOUNT
    7  NUMBERS, IF ANY. IN THE EVENT THE DEFENDANT APPEARS AND DENIES RESPONSI-
    8  BILITY  FOR  THE IDENTIFIED ACCOUNT, THE PLAINTIFF MAY, WITHOUT LEAVE OF
    9  COURT, AMEND HIS OR HER PLEADING TO ADD  FULL  ACCOUNT  OR  CONFIDENTIAL
   10  PERSONAL  INFORMATION  BY (A) SUBMITTING SUCH AMENDED PAPER TO THE COURT
   11  ON WRITTEN NOTICE TO DEFENDANT FOR IN CAMERA REVIEW; OR (B)  IN  ACCORD-
   12  ANCE  WITH  RULES  PROMULGATED  BY THE CHIEF ADMINISTRATOR OF THE COURTS
   13  FILE SUCH FULL ACCOUNT OR OTHER CONFIDENTIAL PERSONAL INFORMATION  UNDER
   14  SEAL.
   15    S  2.  Rule  3016  of  the  civil practice law and rules is amended by
   16  adding a new subdivision (i) to read as follows:
   17    (I) CONSUMER CREDIT TRANSACTION. IN AN ACTION ARISING OUT OF A CONSUM-
   18  ER CREDIT TRANSACTION AS DEFINED  IN  SUBDIVISION  (F)  OF  SECTION  ONE
   19  HUNDRED  FIVE OF THIS CHAPTER, THE COMPLAINT SHALL INCLUDE THE LAST FOUR
   20  DIGITS OF THE RELEVANT ACCOUNT NUMBERS, IF ANY.
   21    S 3. This act shall take effect immediately.