New York A 10091: Establishes a private right of action for malicious disclosure of personally identifying information by another individual

Bill Text

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A10091 Summary:

BILL NOA10091 

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SAME ASSAME AS S09658

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SPONSORKassay

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COSPNSRShimsky, Schiavoni, Conrad, Steck, Stern, Novakhov, Seawright, Weprin, Carroll P, Sayegh, Lunsford,
 Simon, Berger, Griffin, McMahon, Beephan, Brown K, Burdick

&nbsp

MLTSPNSR

&nbsp

Add §52-e, Civ Rts L

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Establishes a private right of action for any person whose personally identifying information was intentionally disclosed by another individual, without consent, for the purpose of harassing, threatening, intimidating, or causing harm to such person, or with reckless disregard as to whether such disclosure would cause such harm; defines personal information.

Go to top A10091 Actions:

BILL NOA10091 

&nbsp

01/30/2026referred to judiciary

Go to topA10091 Committee&nbspVotes:

Go to topA10091 Floor&nbspVotes:

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

Go to topA10091 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10091

 IN ASSEMBLY

 January 30, 2026
 ___________

 Introduced by M. of A. KASSAY -- read once and referred to the Committee
 on Judiciary

 AN ACT to amend the civil rights law, in relation to establishing a
 private right of action for malicious disclosure of personally identi-
 fying information by another individual

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

 1 Section 1. The civil rights law is amended by adding a new section
 2 52-e to read as follows:
 3 § 52-e. Private right of action for malicious disclosure of personally
 4 identifying information. 1. Any person whose personally identifying
 5 information was intentionally disclosed by another individual, without
 6 consent, for the purpose of harassing, threatening, intimidating, or
 7 causing harm to such person, or with reckless disregard as to whether
 8 such disclosure would cause such harm, shall have a cause of action
 9 against the individual who disclosed such information, where such
 10 disclosure resulted in one or more of the following:
 11 a. harassment;
 12 b. physical harm;
 13 c. substantial emotional distress;
 14 d. threats or fear of violence;
 15 e. stalking; or
 16 f. damage to such person's property or livelihood.
 17 2. In any action commenced pursuant to subdivision one of this
 18 section, the finder of fact, in its discretion, may award injunctive or
 19 declaratory relief, actual damages including financial losses and
 20 emotional distress, punitive damages not to exceed fifty thousand
 21 dollars, and reasonable court costs and attorney's fees.
 22 3. This section shall not apply to:
 23 a. the reporting of unlawful conduct;
 24 b. disclosures made during lawful and common practices of law enforce-
 25 ment or legal proceedings;
 26 c. disclosures made pursuant to a lawful subpoena, warrant, or court
 27 order; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14505-01-6

 A. 10091 2

 1 d. disclosures made in connection with matters of legitimate public
 2 concern, including news reporting, commentary, or expressive activity
 3 protected under the United States constitution or the constitution of
 4 the state of New York.
 5 4. The fact that personally identifying information was previously
 6 made available to the public, in whole or in part, shall not, by itself,
 7 constitute a defense to liability under this section, where the defend-
 8 ant intentionally disclosed such information with the intent to cause,
 9 or with reckless disregard as to whether such disclosure would cause,
 10 the harms described in subdivision one of this section.
 11 5. Nothing herein shall be read to require a prior criminal complaint,
 12 prosecution, or conviction to establish the elements of the cause of
 13 action provided for by this section.
 14 6. The provisions of this section are in addition to, but shall not
 15 supersede, any other rights or remedies available in law or equity.
 16 7. If any provision of this section or its application to any person
 17 or circumstance is held invalid, such invalidity shall not affect other
 18 provisions or applications of this section which can be given effect
 19 without the invalid provision or application, and to this end the
 2