New York A 5739: Relates to recipients of public assistance who lack appropriate child care

Bill Text

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A05739 Summary:

BILL NOA05739 

&nbsp

SAME ASNo Same As

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SPONSORSolages

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COSPNSRSeawright

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MLTSPNSR

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Add §210, St Tech L

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Establishes the "secure our data act"; relates to cybersecurity protection by state entities; requires the office of information technology services to develop standards for data protection of state entity-maintained information.

Go to top A05739 Actions:

BILL NOA05739 

&nbsp

02/20/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA05739 Committee&nbspVotes:

Go to topA05739 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05739 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5739

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 20, 2025
 ___________

 Introduced by M. of A. SOLAGES, SEAWRIGHT -- read once and referred to
 the Committee on Governmental Operations

 AN ACT to amend the state technology law, in relation to establishing
 the "secure our data act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "secure our
 2 data act".
 3 § 2. Legislative intent. The legislature finds that information tech-
 4 nology attacks and breaches have compromised governmental networks and
 5 the electronically stored personal information of countless people
 6 statewide and nationwide. State entities often receive such personal
 7 information from various sources, including the data subjects them-
 8 selves, other state entities, and the federal government. Additionally,
 9 state entities use such personal information to make determinations
 10 regarding data subjects. New Yorkers deserve to have their personal
 11 information in the possession of a state entity stored in a manner that
 12 will withstand any attempt by a bad actor to access, alter, or prohibit
 13 access to such information.
 14 Therefore, the legislature enacts the secure our data act, which will
 15 require state entities to employ adequate practices and systems to
 16 protect the personal information from any unauthorized acquisition,
 17 access, alteration or change in access.
 18 § 3. The state technology law is amended by adding a new section 210
 19 to read as follows:
 20 § 210. Cybersecurity protection. 1. Definitions. For purposes of this
 21 section, the following terms shall have the following meanings:
 22 (a) "Breach of the security of the system" means (i) unauthorized
 23 exfiltration, acquisition, or acquisition without valid authorization,
 24 of computerized information which compromises the security, confiden-
 25 tiality, or integrity of state entity-maintained personal information,

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05506-01-5

 A. 5739 2

 1 (ii) unauthorized access, or access without valid authorization, to
 2 state entity-maintained personal information or to an information system
 3 used for personal information, or (iii) unauthorized modification of the
 4 access permissions, including through the use of encryption, to an
 5 information system used for personal information. "Breach of the securi-
 6 ty of the system" does not include good faith acquisition of or access
 7 to personal information, or access to an information system by an
 8 employee or agent of a state entity for the purposes of the state enti-
 9 ty; provided that the private information or information system is not
 10 used in an unauthorized manner, accessed for an unlawful or inappropri-
 11 ate purpose, modified to change access permissions without authori-
 12 zation, or subject to unauthorized disclosure. In determining whether
 13 state entity-maintained personal information or an information system
 14 used for personal information has been exfiltrated, acquired, accessed,
 15 or experienced a change in access permissions without authorization or
 16 without valid authorization, such state entity may consider the follow-
 17 ing factors, among others:
 18 (1) indications that the information is in the physical possession and
 19 control of an unauthorized person, such as a lost or stolen computer or
 20 other d