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New York Data Breach Statute

 

N.Y. Gen. Bus. Law § 899-aa

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

NO

Most expedient time possible and
without unreasonable delay

YES

 

More Details

Scope of this Summary Notification requirements applicable to persons or businesses that conduct business in the state and that own, license or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info Name, number, or other identifier that can be used to personally identify an individual, plus: Social Security number; driver's license or non-driver identification card number; or account, credit card or debit card number in combination with any required security or access code or password that would permit access to a resident's financial account.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted, so long as encryption key was not accessed or acquired.
Breach Defined Unauthorized acquisition or acquisition without valid authorization that compromises the security, confidentiality or integrity of the covered info, excluding certain good faith acquisitions by employees or agents. The statute lists factors that can be considered to determine if covered info was "acquired."
Consumer Notice Timing: Must be made in the most expedient time possible and without unreasonable delay and consistent with any measures necessary to determine the scope of the breach and to restore the integrity of the system.

Content: Notice must include contact info for covered entity and a description of the categories of information reasonably believed to have been acquired without authorization.

Method: By written notice, telephone notice (if a log of notifications is kept), or by electronic notice (if resident expressly consented to receiving electronic notice, a log of each notification is kept, and business does not require resident to consent to receive notice electronically as a condition of the business relationship). Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines notice may impede a criminal investigation.
Government Notice If residents are notified, must notify the AG, NY Department of State and New York State Police of the timing, content and distribution of the notices and the approximate number of affected persons. This notice must not delay consumer notice.
Consumer Agency Notice If more than 5,000 residents are notified, must notify CRAs of timing, distribution, and content of the consumer notice, and the approximate number of affected persons. CRA notice must not delay consumer notice.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach.
Potential Penalties Violations may result in civil penalties.

 

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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on March 26, 2018