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NY A09532
Bill
Status
6/16/2010
Primary Sponsor
Nelson Castro
Click for details
AI Summary
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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.
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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.
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Defines "social security account number" to include the federal social security number and any derived numbers, but excludes encrypted numbers.
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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.
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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