Bill Text: NY S07092 | 2017-2018 | General Assembly | Introduced


Bill Title: Creates a temporary state commission on personal privacy, in light of the rapid advancement of technology in recent years, and provides for its powers, functions and duties; provides that said commission shall undertake a comprehensive study of the condition of personal privacy in the state and how best to protect it; directs the commission to report its findings and recommendations to the governor and the legislature.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO FINANCE [S07092 Detail]

Download: New_York-2017-S07092-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7092
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        AN ACT in relation to creating a temporary state commission on  personal
          privacy  to examine and assess the privacy of individuals in the state
          of New York and to make recommendations  relative  to  the  protection
          thereof;  and  providing  for  the  repeal of such provisions upon the
          expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. New York state historically has been a leader in protecting
     2  the  personal  privacy  of its citizens. Today governmental agencies and
     3  commercial firms are constantly gathering and distributing more and more
     4  detailed information on the personal lives of the citizens of New  York.
     5  The  rapid  advancement  in  technology  in recent years has created new
     6  potential threats to the privacy of individuals. The ability to collect,
     7  collate, and transmit personal data  using  information  technology  now
     8  allows  isolated  pieces  of information on an individual to be compiled
     9  into profiles of the individual. No comprehensive federal or  state  law
    10  governs  personal  privacy,  nor  is any federal or state agency charged
    11  with the sole responsibility of identifying  personal  privacy  problems
    12  that  need to be addressed and encouraging the development and enactment
    13  of policies aimed at protecting individuals' privacy. A thorough  under-
    14  standing  of  the  potential dangers to personal privacy is necessary in
    15  order that the legislature may take the appropriate steps to protect the
    16  privacy of the state's citizens at this pivotal point in time.
    17    § 2. A temporary state commission is hereby established to be known as
    18  the "commission  on  personal  privacy".  The  role  of  the  commission
    19  includes, but is not limited to:
    20    (a) assessing the level of citizen concern about personal privacy and,
    21  to  the extent possible, the incidence of privacy intrusions suffered by
    22  New York citizens;
    23    (b) examining the practices of state and local  governmental  agencies
    24  and  businesses  related to the collection, storage, and distribution of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02834-01-7

        S. 7092                             2
     1  personal information and assessing the potential privacy issues  associ-
     2  ated with such collection, storage and distribution;
     3    (c)  assessing  the  scope  and  effectiveness of existing federal and
     4  state privacy protection laws and self-regulatory efforts undertaken  by
     5  businesses in protecting personal privacy;
     6    (d)  recommending  appropriate  legislative and administrative reforms
     7  relating to state systems that collect and maintain personal information
     8  of employees, public retirees and other persons to ensure that  personal
     9  information is not subject to misappropriation; and
    10    (e)  recommending  appropriate legislation relating to the collection,
    11  storage, and distribution  of  personal  information  by  businesses  to
    12  ensure that personal information is not subject to misappropriation.
    13    §  3.  The  commission shall make a preliminary report to the governor
    14  and the legislature of its findings,  conclusions,  and  recommendations
    15  not later than the one hundred eightieth day after the effective date of
    16  this section and a final report of its findings, conclusions, and recom-
    17  mendations  not  later  than  one  year after the effective date of this
    18  section, and shall submit with its reports such legislative proposals as
    19  it deems necessary to implement its recommendations.
    20    § 4. The commission shall consist of a total of  fifteen  members  who
    21  shall  be appointed not later than the thirtieth day after the effective
    22  date of this section and shall include the superintendent of the depart-
    23  ment of financial services, the secretary of state, the director of  the
    24  office  of information technology services, and the attorney general, or
    25  a designee of any of  said  officers.  The  remaining  eleven,  at-large
    26  members  shall  be appointed as follows: three shall be appointed by the
    27  governor; three shall be appointed by the  temporary  president  of  the
    28  senate  and  one  by  the  minority leader of the senate; three shall be
    29  appointed by the speaker of the assembly and one by the minority  leader
    30  of the assembly. One each of the appointments of the governor, temporary
    31  president  of  the  senate,  and  the speaker of the assembly shall be a
    32  member, officer, or employee of a consumer advocacy organization.    One
    33  of  the  appointments  of  the  governor  shall be a member, officer, or
    34  employee of a statewide association representing and advocating for  the
    35  interests  of businesses. One of the appointments of the governor  shall
    36  be a member, officer, or employee of a statewide association  represent-
    37  ing  and  advocating  for the interests of local governments. One of the
    38  appointments of the speaker of the assembly shall be an  individual  who
    39  has  conducted  academic research on personal privacy protection. One of
    40  the appointments of the speaker of the assembly shall be a member, offi-
    41  cer, or employee of a manufacturer of systems used by  state  and  local
    42  governments to electronically store data. One of the appointments of the
    43  temporary president of the senate shall be a member, officer, or employ-
    44  ee  of a statewide trade association representing the health care indus-
    45  try. One of the appointments of the temporary president  of  the  senate
    46  shall be a member, officer, or employee of a statewide trade association
    47  representing financial institutions. An organization shall be considered
    48  a  consumer  advocacy organization if it advocates for enhanced consumer
    49  protection in the marketplace, educates consumers,  and  researches  and
    50  analyzes consumer issues, including consumers' right to privacy.
    51    §  5. The secretary of state shall serve as chairperson of the commis-
    52  sion. The commission may  consult  with  any  organization,  educational
    53  institution, governmental agency, or person.
    54    §  6.  The members of the commission shall serve without compensation,
    55  except that at-large members shall be allowed their necessary and actual
    56  expenses incurred in the performance of their duties under this act.

        S. 7092                             3
     1    § 7. The department of state shall provide the  commission  with  such
     2  facilities,  assistance, and data as will enable the commission to carry
     3  out its powers and duties. Additionally, all other departments or  agen-
     4  cies  of  the state or subdivisions thereof shall, at the request of the
     5  chairperson,  provide  the  task force with such facilities, assistance,
     6  and data as will enable the commission  to  carry  out  its  powers  and
     7  duties.
     8    §  8.  With the approval of the chairperson of the commission, members
     9  of the commission may participate in meetings of the commission by means
    10  of videoconference or similar equipment that allows all members  partic-
    11  ipating in such meetings to see and hear each other at the same time and
    12  allows  the  public  attending the meeting in person to see and hear the
    13  members of the commission participating in such manner.
    14    § 9. This act shall take effect on the thirtieth day  after  it  shall
    15  have  become  a law and shall expire and be deemed repealed on the three
    16  hundred ninety-fifth day after it shall have taken effect.
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