Bill Text: NY A08375 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits prison inmates from accessing, collecting or performing data processing of personal identifying information pertaining to New York State residents.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Passed) 2012-08-14 - signed chap.371 [A08375 Detail]

Download: New_York-2011-A08375-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8375
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     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, SCHIMEL,
         SWEENEY,  WEISENBERG  --  read  once  and referred to the Committee on
         Consumer Affairs and Protection
       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:
    1    Section 1. The general business law is amended by adding a new section
    2  392-j to read as follows:
    3    S 392-J. PROCESSING PERSONAL IDENTIFYING INFORMATION; PROHIBITIONS. 1.
    4  DEFINITIONS. AS USED IN THIS SECTION:
    5    (A) "INMATE" MEANS AN OFFENDER WHO IS COMMITTED UNDER SENTENCE  TO  OR
    6  CONFINED  IN  A  PENAL  OR  CORRECTIONAL  INSTITUTION, INCLUDING BUT NOT
    7  LIMITED TO A FACILITY FOR THE MENTALLY ILL OR MENTALLY DEFECTIVE.
    8    (B) "DATA SUBJECT" SHALL MEAN A NATURAL PERSON RESIDING IN THIS STATE.
    9    (C) "PERSONAL INFORMATION" SHALL MEAN  ANY  INFORMATION  CONCERNING  A
   10  NATURAL  PERSON  WHICH, BECAUSE OF NAME, NUMBER, PERSONAL MARK, OR OTHER
   11  IDENTIFIER, CAN BE USED TO IDENTIFY SUCH NATURAL PERSON.
   12    (D) "PERSONAL IDENTIFYING INFORMATION" SHALL MEAN PERSONAL INFORMATION
   13  CONSISTING OF ANY INFORMATION IN COMBINATION WITH ANY ONE OR MORE OF THE
   14  FOLLOWING DATA ELEMENTS, WHEN EITHER THE  PERSONAL  INFORMATION  OR  THE
   15  DATA  ELEMENT IS NOT ENCRYPTED, OR ENCRYPTED WITH AN ENCRYPTION KEY THAT
   16  IS INCLUDED IN THE SAME RECORD AS THE ENCRYPTED PERSONAL INFORMATION  OR
   17  DATA ELEMENT:
   18    (1) SOCIAL SECURITY NUMBER;
   19    (2)  DRIVER'S  REGISTRATION  NUMBER  OR NON-DRIVER IDENTIFICATION CARD
   20  NUMBER; OR
   21    (3) MOTHER'S MAIDEN NAME, FINANCIAL SERVICES ACCOUNT NUMBER  OR  CODE,
   22  SAVINGS  ACCOUNT  NUMBER OR CODE, CHECKING ACCOUNT NUMBER OR CODE, DEBIT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13110-01-1
       A. 8375                             2
    1  CARD NUMBER OR CODE, AUTOMATED TELLER MACHINE NUMBER OR CODE, ELECTRONIC
    2  SERIAL NUMBER OR PERSONAL IDENTIFICATION NUMBER.
    3    (E)  "PERSONAL  IDENTIFICATION  NUMBER"  SHALL MEAN ANY NUMBER OR CODE
    4  WHICH MAY BE USED ALONE OR IN CONJUNCTION WITH ANY OTHER INFORMATION  TO
    5  ASSUME  THE  IDENTITY OF ANOTHER PERSON OR ACCESS FINANCIAL RESOURCES OR
    6  CREDIT OF ANOTHER PERSON.
    7    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON, FIRM,  PART-
    8  NERSHIP,  ASSOCIATION,  OR  CORPORATION SHALL KNOWINGLY USE THE LABOR OR
    9  TIME OF ANY INMATE IN THIS STATE,  OR  IN  ANY  OTHER  JURISDICTION,  TO
   10  ENGAGE  IN  WHOLE OR IN PART IN OBTAINING ACCESS TO, COLLECTING OR PROC-
   11  ESSING PERSONAL IDENTIFYING INFORMATION PERTAINING TO A DATA SUBJECT  IN
   12  THIS STATE.
   13    3.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE
   14  BY A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND  FIVE  HUNDRED  DOLLARS
   15  FOR  THE  FIRST  VIOLATION  AND  NOT MORE THAN TWO THOUSAND FIVE HUNDRED
   16  DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
   17    S 2. Subdivision 1 of section 170 of the correction law, as amended by
   18  section 23 of subpart A of part C of chapter 62 of the laws of 2011,  is
   19  amended to read as follows:
   20    1. The commissioner shall not, nor shall any other authority whatsoev-
   21  er,  make  any  contract by which the labor or time of any inmate in any
   22  state or local correctional facility in this state, or  the  product  or
   23  profit  of his work, shall be contracted, let, farmed out, given or sold
   24  to any person, firm, association or corporation; except that the inmates
   25  in said correctional institutions may work  for,  and  the  products  of
   26  their  labor  may be disposed of to, the state or any political subdivi-
   27  sion thereof, any public institution owned or managed and controlled  by
   28  the state, or any political subdivision thereof, PROVIDED THAT NO INMATE
   29  IN  ANY STATE OR LOCAL CORRECTIONAL FACILITY SHALL ENGAGE IN WHOLE OR IN
   30  PART IN OBTAINING ACCESS TO, COLLECTING OR PROCESSING PERSONAL IDENTIFY-
   31  ING INFORMATION, AS DEFINED IN SECTION THREE HUNDRED NINETY-TWO-J OF THE
   32  GENERAL BUSINESS LAW, PERTAINING TO A NATURAL PERSON  RESIDING  IN  THIS
   33  STATE.
   34    S  3.  This  act shall take effect on the ninetieth day after it shall
   35  have become a law.