STATE OF NEW YORK
________________________________________________________________________
8872
IN ASSEMBLY
January 25, 2024
___________
Introduced by M. of A. SAYEGH -- read once and referred to the Committee
on Consumer Affairs and Protection
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.
22 § 2. Paragraph (a) of subdivision 8 of section 899-aa of the general
23 business law, as amended by chapter 117 of the laws of 2019, is amended
24 to read as follows:
25 (a) In the event that any New York residents are to be notified, the
26 person or business shall notify the state attorney general, the depart-
27 ment of state and the division of state police and the department of
28 financial services as to the timing, content and distribution of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04602-03-4
A. 8872 2
1 notices and approximate number of affected persons and shall provide a
2 copy of the template of the notice sent to affected persons. Such notice
3 shall be made without delaying notice to affected New York residents.
4 § 3. This act shall take effect immediately.