S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5871
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2015
                                      ___________
       Introduced by M. of A. KAVANAGH -- Multi-Sponsored by -- M. of A. ROBIN-
         SON -- read once and referred to the Committee on Consumer Affairs and
         Protection
       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    S 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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04526-01-5
       A. 5871                             2
    1    (a) assessing the level of citizen concern about personal privacy and,
    2  to the extent possible, the incidence of privacy intrusions suffered  by
    3  New York citizens;
    4    (b)  examining  the practices of state and local governmental agencies
    5  and businesses related to the collection, storage, and  distribution  of
    6  personal  information and assessing the potential privacy issues associ-
    7  ated with such collection, storage and distribution;
    8    (c) assessing the scope and  effectiveness  of  existing  federal  and
    9  state  privacy protection laws and self-regulatory efforts undertaken by
   10  businesses in protecting personal privacy;
   11    (d) recommending appropriate legislative  and  administrative  reforms
   12  relating to state systems that collect and maintain personal information
   13  of  employees, public retirees and other persons to ensure that personal
   14  information is not subject to misappropriation; and
   15    (e) recommending appropriate legislation relating to  the  collection,
   16  storage,  and  distribution  of  personal  information  by businesses to
   17  ensure that personal information is not subject to misappropriation.
   18    S 3. The commission shall make a preliminary report  to  the  governor
   19  and  the  legislature  of its findings, conclusions, and recommendations
   20  not later than the one hundred eightieth day after the effective date of
   21  this section and a final report of its findings, conclusions, and recom-
   22  mendations not later than one year after  the  effective  date  of  this
   23  section, and shall submit with its reports such legislative proposals as
   24  it deems necessary to implement its recommendations.
   25    S  4.  The  commission shall consist of a total of fifteen members who
   26  shall be appointed not later than the thirtieth day after the  effective
   27  date of this section and shall include the superintendent of the depart-
   28  ment  of financial services, the secretary of state, the director of the
   29  office of information technology services, and the attorney general,  or
   30  a  designee  of  any  of  said  officers. The remaining eleven, at-large
   31  members shall be appointed as follows: three shall be appointed  by  the
   32  governor;  three  shall  be  appointed by the temporary president of the
   33  senate and one by the minority leader of  the  senate;  three  shall  be
   34  appointed  by the speaker of the assembly and one by the minority leader
   35  of the assembly. One each of the appointments of the governor, temporary
   36  president of the senate, and the speaker of  the  assembly  shall  be  a
   37  member,  officer,  or employee of a consumer advocacy organization.  One
   38  of the appointments of the governor  shall  be  a  member,  officer,  or
   39  employee  of a statewide association representing and advocating for the
   40  interests of businesses. One of the appointments of the governor   shall
   41  be  a member, officer, or employee of a statewide association represent-
   42  ing and advocating for the interests of local governments.  One  of  the
   43  appointments  of  the speaker of the assembly shall be an individual who
   44  has conducted academic research on personal privacy protection.  One  of
   45  the appointments of the speaker of the assembly shall be a member, offi-
   46  cer,  or  employee  of a manufacturer of systems used by state and local
   47  governments to electronically store data. One of the appointments of the
   48  temporary president of the senate shall be a member, officer, or employ-
   49  ee of a statewide trade association representing the health care  indus-
   50  try.  One  of  the appointments of the temporary president of the senate
   51  shall be a member, officer, or employee of a statewide trade association
   52  representing financial institutions. An organization shall be considered
   53  a consumer advocacy organization if it advocates for  enhanced  consumer
   54  protection  in  the  marketplace, educates consumers, and researches and
   55  analyzes consumer issues, including consumers' right to privacy.
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    1    S 5. The secretary of state shall serve as chairperson of the  commis-
    2  sion.  The  commission  may  consult  with any organization, educational
    3  institution, governmental agency, or person.
    4    S  6.  The members of the commission shall serve without compensation,
    5  except that at-large members shall be allowed their necessary and actual
    6  expenses incurred in the performance of their duties under this act.
    7    S 7. The department of state shall provide the  commission  with  such
    8  facilities,  assistance, and data as will enable the commission to carry
    9  out its powers and duties. Additionally, all other departments or  agen-
   10  cies  of  the state or subdivisions thereof shall, at the request of the
   11  chairperson, provide the task force with  such  facilities,  assistance,
   12  and  data  as  will  enable  the  commission to carry out its powers and
   13  duties.
   14    S 8. With the approval of the chairperson of the  commission,  members
   15  of the commission may participate in meetings of the commission by means
   16  of  videoconference or similar equipment that allows all members partic-
   17  ipating in such meetings to see and hear each other at the same time and
   18  allows the public attending the meeting in person to see  and  hear  the
   19  members of the commission participating in such manner.
   20    S  9.  This  act shall take effect on the thirtieth day after it shall
   21  have become a law and shall expire and be deemed repealed on  the  three
   22  hundred ninety-fifth day after it shall have taken effect.