Prohibits persons or business entities from filing unnecessary personal identifying information with an agency; provides for enforcement by the attorney general.
TITLE OF BILL: An act to amend the general business law, in relation to personal information restrictions for public records
PURPOSE OF GENERAL IDEA OF BILL: The purpose of this bill is to protect the privacy of New York State residents, by prohibiting the filing of unnecessary identifying information with government entities.
SUMMARY OF SPECIFIC PROVISIONS: This bill would prohibit any person or business entity from filing with the State or any political subdivision or any division or department thereof, any personal identifying information which is not relevant and necessary to accomplish the purpose of the filing, or not required by state or federal law, rule or regulation, or by court rule, without the consent of the individual.
The bill would also require agencies that receive instruments for filing to post a prominent notice describing the above prohibition. Lastly, the bill would authorize the Attorney General to enforce the provisions of this section by seeking an injunction against a violator.
JUSTIFICATION: This bill would protect the privacy of New York State residents by prohibiting the filing of unnecessary personal identifying information with government entities. Such filings are records to which the general public may obtain access. Often documents such as mortgages and judgments are filed with government entities for public purpose and contain personal information not required by the statutory filing requirements. While rare, there have been instances when copies of a person's drivers license and credit card were submitted as part of a filing. This sensitive information should not be publicly available. Furthermore, as more and more localities implement systems allowing for public access of records via the Internet, the need to ensure that vulnerable personal information in not included in such records is critical.
As the incidence of identity theft continues to rise, it is essential that precautions are implemented to ensure that personal identifying information does not become available to unauthorized persons.
PRIOR LEGISLATIVE HISTORY: 2011: A.980 (Pheffer) - Passed Assembly 2009-2010: A.1819-A (Pheffer) - Passed Assembly 2007-2008: A.275-A (Pheffer) - Passed Assembly 2011-12: A9111 Gov Ops
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: 90 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ 7575 IN SENATE May 15, 2014 ___________Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to personal infor- mation restrictions for public records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 399-j to read as follows: S 399-J. PERSONAL INFORMATION RESTRICTIONS FOR PUBLIC RECORDS. 1. NO PERSON OR BUSINESS ENTITY SHALL INTENTIONALLY CREATE AN INSTRUMENT AVAILABLE FOR PUBLIC INSPECTION THAT IS TO BE FILED WITH OR SUBMITTED TO AN AGENCY CONTAINING PERSONAL IDENTIFYING INFORMATION OF ANY OTHER PERSON, UNLESS SUCH OTHER PERSON IS A DEPENDENT CHILD OR HAS CONSENTED TO THE INCLUSION OF SUCH PERSONAL IDENTIFYING INFORMATION, WHICH IS NOT: (A) RELEVANT AND NECESSARY TO ACCOMPLISH THE PURPOSE OF THE FILING; OR (B) REQUIRED BY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, OR BY COURT RULE. FOR THE PURPOSE OF THIS SECTION, THE PRINTING OR OTHER REPRODUCTION OF A DOCUMENT RECEIVED BY ELECTRONIC OR ANY OTHER MEANS DOES NOT CONSTITUTE CREATION OF THE DOCUMENT. 2. ANY AGENCY THAT RECEIVES INSTRUMENTS FOR FILING SHALL POST IN A PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO OR NEAR THE LOCATION WHERE SUCH AGENCY HAS DESIGNATED FOR THE RECEIPT OF INSTRUMENTS FOR FILING, A NOTICE DESCRIBING THE PROHIBITION CONTAINED IN SUBDIVISION ONE OF THIS SECTION AND SUBDIVISION SIX OF SECTION THREE HUNDRED NINE- TY-NINE-DDD OF THIS ARTICLE. 3. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL MEAN: (A) "AGENCY" MEANS ANY STATE OR MUNICIPAL DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPORATION, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE MUNICIPALITIES THEREOF, EXCEPT THE JUDICIARY OR THE STATE LEGISLATURE; (B) "PERSONAL IDENTIFYING INFORMATION" MEANS A DRIVER'S LICENSE NUMBER, MOTHER'S MAIDEN NAME, CONSUMER CREDIT ACCOUNT NUMBER OR CODE,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06879-02-3 S. 7575 2
SAVINGS ACCOUNT NUMBER OR CODE, CHECKING ACCOUNT NUMBER OR CODE, OR DEBIT CARD NUMBER OR CODE. 4. UPON ANY VIOLATION OF THE PROVISIONS OF THIS SECTION, AN APPLICA- TION 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 TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF THE VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH- OUT 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 EIGHT THOUSAND THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITUTION. IN CONNECTION WITH AN APPLICATION MADE UNDER THIS SECTION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND TO MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. ANY PENALTY OR INJUNCTION FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE ASSESSED AGAINST THE PERSON OR BUSINESS ENTITY THAT CREATED THE INSTRUMENT. NO PERSON, BUSINESS ENTITY OR AGENCY SHALL BE DEEMED TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION IF SUCH PERSON, BUSINESS ENTITY OR AGENCY HAD NO INVOLVEMENT IN THE CREATION OF THE INSTRUMENT, OR CREATED THE INSTRUMENT WITHOUT THE INTENTION OR KNOW- LEDGE THAT THE INSTRUMENT WAS TO BE FILED WITH AN AGENCY. S 2. This act shall take effect on the ninetieth day after it shall have become a law.