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NY A09532

Bill

Status

Engrossed

6/16/2010

Primary Sponsor

Nelson Castro

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Prohibits private persons, firms, partnerships, associations, and corporations from requiring individuals to disclose social security numbers or denying services based on refusal to disclose, except in specific enumerated circumstances.

  • Creates 12 exceptions allowing social security number requests including: individual consent, federal/state/local law requirements, fraud investigation, credit transactions, employment purposes, tax compliance, child support collection, identity verification, and regulated utility or banking entities.

  • Defines "social security account number" to include the federal social security number and any derived numbers, but excludes encrypted numbers.

  • Authorizes the Attorney General to seek injunctions for violations, with civil penalties up to $500 for first offense and up to $1,000 for subsequent offenses.

  • Allows individuals to sue for actual damages or $50 minimum (whichever is greater), with possible treble damages up to $1,000 for willful or knowing violations, plus reasonable attorney's fees; provides good faith defense for unintentional violations despite reasonable procedures.

Legislative Description

Tracks federal privacy act of 1974 with respect to the obligation of a person to disclose their social security number to another person, partnership, association or corporation; provides where there is no legal basis for request that a person may refuse to provide his or her social security number; provides for enforcement by attorney general.

Last Action

REFERRED TO RULES

6/16/2010

Committee Referrals

Rules6/16/2010
Rules6/14/2010
Codes5/25/2010
Consumer Affairs and Protection1/12/2010

Full Bill Text

No bill text available