Signed by Governor Andrew Cuomo

Vote Smart's Synopsis:

A vote to pass a bill that expands data protections for New York residents.

Highlights:

• Expands the definition of “personal information” to include: (Sec. 1)

• A financial account number, credit or debit card number, if circumstances exist wherein such number could be used to access an individual’s financial account without additional identifying information; or

• Biometric information, as in data generated by electronic measurements of an individual’s unique physical characteristics, such as a fingerprint, voice print, or retina or iris image. 

• Establishes that those affected by the security breaches highlighted in this section, will not receive notice if the exposure of private information was an inadvertent disclosure by individuals authorized to access private information, and if the individual or business  reasonably determines that such exposure will not likely result in misuse of such information, or financial harm to those affected or emotional harm in the case of unknown disclosure of online credentials (Sec. 1). 

• Prohibits the Attorney General from taking action against companies after 6 years from the date of discovery of the breach of private information, unless the company took steps to hide the breach (Sec. 1). 

• Specifies that private information no longer needed for business purposes will be disposed of (Sec. 1). 

• Authorizes the State Office of Information Technology to develop, update, and provide training to all state entities for taking measures for the prevention of security breaches (Sec. 1).

Full Bill Text