A8375A-2011 Actions

• Aug 14, 2012: signed chap.371
• Aug 6, 2012: delivered to governor
• Jun 14, 2012: RETURNED TO ASSEMBLY
• Jun 14, 2012: PASSED SENATE
• Jun 14, 2012: 3RD READING CAL.1260
• Jun 14, 2012: SUBSTITUTED FOR S7594
• Mar 19, 2012: REFERRED TO CONSUMER PROTECTION
• Mar 19, 2012: delivered to senate
• Mar 19, 2012: passed assembly
• Mar 16, 2012: advanced to third reading cal.408
• Mar 12, 2012: reported
• Mar 1, 2012: reported referred to codes
• Feb 21, 2012: print number 8375a
• Feb 21, 2012: amend and recommit to consumer affairs and protection
• Jan 4, 2012: referred to consumer affairs and protection
• Jun 15, 2011: referred to consumer affairs and protection

A8375A-2011 Votes

A8375A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 8375--A
 2011-2012 Regular Sessions
 I N  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:

 

Section  1. 

Section  399-dd  of the general business law, as added by
 chapter 676 of the laws of 2006, paragraph  (f)  of  subdivision  2  and
 subdivision 6 as added and subdivision 7 as renumbered by chapter 279 of
 the laws of 2008, is amended to read as follows:

 

S [399-dd] 399-DDD. Confidentiality of social security account number.
 Beginning on and after January first, two thousand eight:

 1.  (A) As used in this section "social security account number" shall
 include the number issued by the federal social security  administration
 and any number derived from such number. Such term shall not include any
 number that has been encrypted.
 (B)  FOR  PURPOSES  OF  THIS SECTION, THE TERM "INMATE" MEANS A PERSON
 CONFINED IN ANY LOCAL CORRECTIONAL FACILITY AS  DEFINED  IN  SUBDIVISION
 SIXTEEN  OF  SECTION  TWO  OF  THE CORRECTION LAW OR IN ANY CORRECTIONAL
 FACILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION  TWO
 OF THE CORRECTION LAW PURSUANT TO SUCH PERSON'S CONVICTION OF A CRIMINAL
 OFFENSE.
 2.  No  person,  firm,  partnership,  association  or corporation, not
 including the state or its political subdivisions, shall do any  of  the
 following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13110-03-2
 
       A. 8375--A                          2
 (a)  Intentionally communicate to the general public or otherwise make
 available to the general public in any  manner  an  individual's  social
 security  account number. This paragraph shall not apply to any individ
 ual intentionally communicating  to  the  general  public  or  otherwise
 making  available  to  the  general  public  his  or her social security
 account number.
 (b) Print an individual's social security account number on  any  card
 or tag required for the individual to access products, services or bene
 fits  provided  by  the person, firm, partnership, association or corpo
 ration.
 (c) Require an individual to  transmit  his  or  her  social  security
 account number over the internet, unless the connection is secure or the
 social security account number is encrypted.
 (d)  Require  an  individual to use his or her social security account
 number to access an internet web  site,  unless  a  password  or  unique
 personal  identification  number  or other authentication device is also
 required to access the internet website.
 (e) Print an individual's social security account number on any  mate
 rials  that  are  mailed  to the individual, unless state or federal law
 requires the social security account number to be on the document to  be
 mailed.  Notwithstanding this paragraph, social security account numbers
 may be included in applications and forms sent by mail, including  docu
 ments sent as part of an application or enrollment process, or to estab
 lish,  amend  or terminate an account, contract or policy, or to confirm
 the accuracy of the social security account number.  A  social  security
 account number that is permitted to be mailed under this section may not
 be  printed, in whole or part, on a postcard or other mailer not requir
 ing an envelope, or visible on the  envelope  or  without  the  envelope
 having been opened.
 (f)  Encode or embed a social security number in or on a card or docu
 ment, including, but not limited to, using a bar  code,  chip,  magnetic
 strip,  or  other  technology,  in place of removing the social security
 number as required by this section.
 (G) KNOWINGLY USE THE LABOR OR TIME OF OR EMPLOY ANY  INMATE  IN  THIS
 STATE,  OR  IN  ANY  OTHER  JURISDICTION,  IN ANY CAPACITY THAT INVOLVES
 OBTAINING ACCESS TO, COLLECTING OR PROCESSING  SOCIAL  SECURITY  ACCOUNT
 NUMBERS OF OTHER INDIVIDUALS.
 3.  This section does not prevent the collection, use, or release of a
 social security account number as required by state or federal law,  the
 use of a social security account number for internal verification, fraud
 investigation  or  administrative  purposes or for any business function
 specifically authorized by 15 U.S.C. 6802.
 4. Any person, firm, partnership, association  or  corporation  having
 possession  of  the  social  security  account  number of any individual
 shall, to the extent that such number is maintained for the  conduct  of
 business or trade, take reasonable measures to ensure that no officer or
 employee  has  access  to  such  number for any purpose other than for a
 legitimate or necessary purpose related to the conduct of such  business
 or  trade  and  provide  safeguards necessary or appropriate to preclude
 unauthorized access to the social security account number and to protect
 the confidentiality of such number.
 5. Any waiver of the provisions of this section is contrary to  public
 policy, and is void and unenforceable.
 6.  No  person  may  file any document available for public inspection
 with any state agency, political subdivision, or in any  court  of  this
 state  that  contains  a  social  security  account  number of any other
 
       A. 8375--A                          3
 person, unless such other person is a dependent child, or has  consented
 to  such  filing,  except  as  required by federal or state law or regu
 lation, or by court rule.
 7.  Whenever  there  shall be a violation of this section, application
 may be made by the attorney general in the name of  the  people  of  the
 state of New York to a court or justice having jurisdiction by a special
 proceeding  to  issue an injunction, and upon notice to the defendant of
 not less than five days, to enjoin and restrain the continuance of  such
 violations;  and  if it shall appear to the satisfaction of the court or
 justice that the defendant has,  in  fact,  violated  this  section,  an
 injunction  may  be  issued  by  such  court  or  justice, enjoining and
 restraining any further violation,  without  requiring  proof  that  any
 person  has,  in  fact,  been  injured  or  damaged thereby. In any such
 proceeding, the court may make allowances to  the  attorney  general  as
 provided  in  paragraph  six  of subdivision (a) of section eighty-three
 hundred three of the civil practice law and rules, and  direct  restitu
 tion.  In  connection  with  any such proposed application, the attorney
 general is authorized to take proof and  make  a  determination  of  the
 relevant facts and to issue subpoenas in accordance with the civil prac
 tice  law and rules. Whenever the court shall determine that a violation
 of subdivision two of this section has occurred, the court may impose  a
 civil  penalty  of  not  more  than  one  thousand  dollars for a single
 violation and not more than one hundred thousand  dollars  for  multiple
 violations resulting from a single act or incident. The second violation
 and  any  violation  committed thereafter shall be punishable by a civil
 penalty of not more than five thousand dollars for  a  single  violation
 and  not  more  than  two  hundred  fifty  thousand dollars for multiple
 violations resulting from a single act or  incident.  No  person,  firm,
 partnership, association or corporation shall be deemed to have violated
 the  provisions of this section if such person, firm, partnership, asso
 ciation or corporation shows, by a preponderance of the  evidence,  that
 the  violation  was  not intentional and resulted from a bona fide error
 made notwithstanding the maintenance of procedures reasonably adopted to
 avoid such error.
 

S 2. Subdivision 1 of section 170 of the correction law, as amended by
 section 23 of subpart A of part C of chapter 62 of the laws of 2011,  is
 amended to read as follows:

 1. The commissioner shall not, nor shall any other authority whatsoev
 er,  make  any  contract by which the labor or time of any inmate in any
 state or local correctional facility in this state, or  the  product  or
 profit  of his work, shall be contracted, let, farmed out, given or sold
 to any person, firm, association or corporation; except that the inmates
 in said correctional institutions may work  for,  and  the  products  of
 their  labor  may be disposed of to, the state or any political subdivi
 sion thereof, any public institution owned or managed and controlled  by
 the state, or any political subdivision thereof, PROVIDED THAT NO INMATE
 SHALL  BE  EMPLOYED  OR ASSIGNED TO ENGAGE IN ANY ACTIVITY THAT INVOLVES
 OBTAINING ACCESS TO, COLLECTING OR PROCESSING  SOCIAL  SECURITY  ACCOUNT
 NUMBERS OF OTHER INDIVIDUALS.
 

S  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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