Bill Text: NY S04580 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4580
                              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
       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, IN A CIVIL
    6  PROCEEDING THE PARTIES SHALL REDACT OR KEEP CONFIDENTIAL PERSONAL  IDEN-
    7  TIFYING  INFORMATION  CONTAINED  IN  PAPERS  SUBMITTED  TO THE COURT FOR
    8  FILING.
    9    2. FOR THE PURPOSE OF THIS RULE,  "PERSONAL  IDENTIFYING  INFORMATION"
   10  MEANS  ANY  INFORMATION  THAT  MAY  BE USED TO VIOLATE THE PRIVACY OR TO
   11  UNLAWFULLY REVEAL OR ASSUME THE IDENTITY OF AN INDIVIDUAL, OR USED IN  A
   12  MANNER  THAT  IS OTHERWISE PROHIBITED BY STATE OR FEDERAL LAW, INCLUDING
   13  BUT NOT LIMITED TO A SOCIAL SECURITY NUMBER, TELEPHONE NUMBER,  DATE  OF
   14  BIRTH,  DRIVER'S  LICENSE  NUMBER,  NON-DRIVER PHOTO IDENTIFICATION CARD
   15  NUMBER, EMPLOYEE IDENTIFICATION NUMBER, MOTHER'S MAIDEN NAME,  INSURANCE
   16  OR  FINANCIAL  ACCOUNT  NUMBER,  DEMAND  DEPOSIT ACCOUNT NUMBER, SAVINGS
   17  ACCOUNT NUMBER, CREDIT CARD NUMBER  OR  COMPUTER  PASSWORD  INFORMATION,
   18  ELECTRONIC  SIGNATURE  DATA  OR  UNIQUE BIOMETRIC DATA SUCH AS A FINGER-
   19  PRINT, VOICE PRINT, RETINAL IMAGE OR IRIS IMAGE, OR  MEDICAL  PROCEDURE,
   20  DIAGNOSIS OR BILLING CODES.
   21    3.  THE COURT, IN RESPONSE TO A MOTION OR ON ITS OWN MOTION, MAY ORDER
   22  A PARTY WHO FILED OR IS SUBMITTING A PAPER TO THE COURT  FOR  FILING  TO
   23  REMOVE  PERSONAL  IDENTIFYING  INFORMATION  FROM  A PAPER AND RESUBMIT A
   24  PAPER WITH SUCH  INFORMATION  REDACTED  OR,  IN  ACCORDANCE  WITH  RULES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09320-01-1
       S. 4580                             2
    1  PROMULGATED BY THE CHIEF ADMINISTRATOR OF THE COURTS, ORDER THE CLERK TO
    2  SEAL  THE  PAPER,  OR A PORTION THEREOF, CONTAINING PERSONAL IDENTIFYING
    3  INFORMATION.
    4    S  2.  This  act  shall  take effect immediately and it shall apply to
    5  actions pending on such effective date or commenced  on  or  after  such
    6  effective date.