Bill Text: NY S04580 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to confidentiality in papers filed in civil proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-17 - PRINT NUMBER 4580A [S04580 Detail]
Download: New_York-2011-S04580-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4580--A
2011-2012 Regular Sessions
I N S E N A T E
April 12, 2011
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- recommitted to the Commit-
tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil practice law and rules, in relation to confi-
dentiality in papers filed in civil proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The civil practice law and rules is amended by adding a new
2 rule 2103-b to read as follows:
3 RULE 2103-B. CONFIDENTIALITY IN CIVIL PROCEEDINGS. 1. EXCEPT IN A
4 MATRIMONIAL ACTION OR AS OTHERWISE PROVIDED BY LAW OR COURT ORDER AND
5 WHETHER OR NOT A SEALING ORDER IS OR HAS BEEN SOUGHT, THE PARTIES SHALL
6 OMIT OR REDACT CONFIDENTIAL PERSONAL INFORMATION IN PAPERS SUBMITTED TO
7 THE COURT FOR FILING. FOR PURPOSES OF THIS RULE, CONFIDENTIAL PERSONAL
8 INFORMATION MEANS INFORMATION WHICH IF PUBLICLY FILED WOULD INCREASE THE
9 RISK OF IDENTITY THEFT, FRAUDULENT USE OR DISCLOSURES IN VIOLATION OF
10 STATE OR FEDERAL LAW. CONFIDENTIAL PERSONAL INFORMATION INCLUDES, BUT
11 IS NOT LIMITED TO, A SOCIAL SECURITY NUMBER, A DATE OF BIRTH, A DRIVER'S
12 LICENSE NUMBER, A NON-DRIVER PHOTO IDENTIFICATION CARD NUMBER, AN
13 EMPLOYEE IDENTIFICATION NUMBER, A MOTHER'S MAIDEN NAME, AN INSURANCE OR
14 FINANCIAL ACCOUNT NUMBER, A CREDIT CARD NUMBER, A COMPUTER PASSWORD OR
15 COMPUTER ACCESS INFORMATION, ELECTRONIC SIGNATURE DATA OR UNIQUE BIOME-
16 TRIC DATA OR PATIENT MEDICAL INFORMATION.
17 2. THE COURT, SUA SPONTE OR ON MOTION BY ANY PERSON, MAY ORDER A PARTY
18 TO REMOVE CONFIDENTIAL PERSONAL INFORMATION FROM PAPERS OR TO RESUBMIT A
19 PAPER WITH SUCH INFORMATION REDACTED; ORDER THE CLERK TO SEAL THE PAPERS
20 OR A PORTION THEREOF CONTAINING CONFIDENTIAL PERSONAL INFORMATION IN
21 ACCORDANCE WITH RULES PROMULGATED BY THE CHIEF ADMINISTRATOR OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09320-02-2
S. 4580--A 2
1 COURTS; FOR GOOD CAUSE, PERMIT THE INCLUSION OF CONFIDENTIAL PERSONAL
2 INFORMATION IN PAPERS; OR DETERMINE THAT PARTICULAR INFORMATION IN A
3 PARTICULAR ACTION IS NOT CONFIDENTIAL.
4 3. IN AN ACTION ARISING OUT OF A CONSUMER CREDIT TRANSACTION, AS
5 DEFINED IN SUBDIVISION (F) OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER,
6 THE COMPLAINT SHALL INCLUDE THE LAST FOUR DIGITS OF THE RELEVANT ACCOUNT
7 NUMBERS, IF ANY. IN THE EVENT THE DEFENDANT APPEARS AND DENIES RESPONSI-
8 BILITY FOR THE IDENTIFIED ACCOUNT, THE PLAINTIFF MAY, WITHOUT LEAVE OF
9 COURT, AMEND HIS OR HER PLEADING TO ADD FULL ACCOUNT OR CONFIDENTIAL
10 PERSONAL INFORMATION BY (A) SUBMITTING SUCH AMENDED PAPER TO THE COURT
11 ON WRITTEN NOTICE TO DEFENDANT FOR IN CAMERA REVIEW; OR (B) IN ACCORD-
12 ANCE WITH RULES PROMULGATED BY THE CHIEF ADMINISTRATOR OF THE COURTS
13 FILE SUCH FULL ACCOUNT OR OTHER CONFIDENTIAL PERSONAL INFORMATION UNDER
14 SEAL.
15 S 2. Rule 3016 of the civil practice law and rules is amended by
16 adding a new subdivision (i) to read as follows:
17 (I) CONSUMER CREDIT TRANSACTION. IN AN ACTION ARISING OUT OF A CONSUM-
18 ER CREDIT TRANSACTION AS DEFINED IN SUBDIVISION (F) OF SECTION ONE
19 HUNDRED FIVE OF THIS CHAPTER, THE COMPLAINT SHALL INCLUDE THE LAST FOUR
20 DIGITS OF THE RELEVANT ACCOUNT NUMBERS, IF ANY.
21 S 3. This act shall take effect immediately.
