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NY A00546

Bill

Status

Introduced

1/7/2009

Primary Sponsor

Peter Abbate

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Establishes the "Electronic Fund Transfer Privacy Act" requiring financial institutions to protect the confidentiality of personally identifiable information related to electronic fund transfers.

  • Prohibits disclosure of transfer information except to the consumer, necessary parties to the transfer, account servicing staff, government authorities with legal authorization, regulatory agencies, or persons with written consumer consent (valid for 45 days maximum).

  • Bans financial institutions from selling or disclosing lists containing consumer personally identifiable information related to electronic fund transfer systems.

  • Requires financial institutions to maintain reasonable procedures to prevent unauthorized disclosure and notify affected consumers within three days of discovering an unauthorized disclosure via registered mail.

  • Permits government disclosure of transfer information only through search warrant or subpoena, with a seven-day notification period to the affected individual (unless otherwise ordered by court) and establishes civil remedies including actual damages (minimum $100), attorney's fees, and potential punitive damages for violations.

Legislative Description

An act to amend the general business law, in relation to restricting the disclosure of personal information contained in electronic fund transfers

Last Action

referred to banks

1/6/2010

Committee Referrals

Banks1/7/2009

Full Bill Text

No bill text available