STATE OF NEW YORK
2019-2020 Regular Sessions
February 11, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to requiring a
consumer credit reporting agency to offer identity theft prevention
and mitigation services in the case of a breach of the security of
such agency's system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (n) of section 380-t of the general business
2 law is amended by adding a new paragraph 3 to read as follows:
3 (3)(i) Upon a breach of the security of the system of a consumer cred-
4 it reporting agency which includes any social security number, such
5 agency shall offer to each consumer, whose information, including social
6 security number, was breached or is reasonably believed to have been
7 breached, reasonable identity theft prevention services and, if applica-
8 ble, identify theft mitigation services for a period not to exceed five
9 years at no cost to such consumers. Such agency shall provide all infor-
10 mation necessary for such consumers to enroll in such services and shall
11 include information on how such consumers can request a security freeze.
12 A consumer credit reporting agency shall not be required to offer such
13 services if, after an appropriate investigation, the agency reasonably
14 determines that the breach of security is unlikely to result in harm to
15 the consumers whose information has been breached.
16 (ii) "Breach of the security of the system" as used in this paragraph
17 shall have the same definition as in paragraph (c) of subdivision one of
18 section eight hundred ninety-nine-aa of this chapter.
19 § 2. This act shall take effect on the sixtieth day after it shall
20 have become a law and shall apply to any breach of the security of the
21 system of a consumer credit reporting agency that occurred no more than
22 three years prior to the effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.