STATE OF NEW YORK ________________________________________________________________________ 2659--A 2023-2024 Regular Sessions IN SENATE January 24, 2023 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to notification of a data breach The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 2 and subdivision 3 of 2 section 899-aa of the general business law, as amended by chapter 117 of 3 the laws of 2019, are amended to read as follows: 4 Any person or business which owns or licenses computerized data which 5 includes private information shall disclose any breach of the security 6 of the system following discovery or notification of the breach in the 7 security of the system to any resident of New York state whose private 8 information was, or is reasonably believed to have been, accessed or 9 acquired by a person without valid authorization. The disclosure shall 10 be made in the most expedient time possible and without unreasonable 11 delay, [consistent with] and shall be made within fifteen days after the 12 breach has been discovered, except for the legitimate needs of law 13 enforcement, as provided in subdivision four of this section[, or any 14 measures necessary to determine the scope of the breach and restore the 15 integrity of the system]. 16 3. Any person or business which maintains computerized data which 17 includes private information which such person or business does not own 18 shall notify the owner or licensee of the information of any breach of 19 the security of the system [immediately] within fifteen days following 20 discovery, if the private information was, or is reasonably believed to 21 have been, accessed or acquired by a person without valid authorization. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04602-02-3
S. 2659--A 2 1 § 2. Paragraph (a) of subdivision 8 of section 899-aa of the general 2 business law, as amended by chapter 117 of the laws of 2019, is amended 3 to read as follows: 4 (a) In the event that any New York residents are to be notified, the 5 person or business shall notify the state attorney general, the depart- 6 ment of state and the division of state police and the department of 7 financial services as to the timing, content and distribution of the 8 notices and approximate number of affected persons and shall provide a 9 copy of the template of the notice sent to affected persons. Such notice 10 shall be made without delaying notice to affected New York residents. 11 § 3. This act shall take effect immediately.