Breach & Consumer Notification Laws in New York
Did You Know?
- There are specific considerations when determining if a breach is reportable in New York
- There are comprehensive requirements for information to be included in notifications
- Notifications may only be given by specific methods and some methods must be tracked
- If your breach affects residents in other states you will need to notify those residents using the rules of that state
- If a vendor is breached, they must report it to the data owner. The data owner will be responsible to complete the reporting and consumer notification
- Notifications must be given to the State Attorney General, the Department of State and the Division Of State Police, each on a breach reporting form
- If the breach affects over 5,000 NY residents, notification must be given to the consumer reporting agencies using a list of applicable agencies provided by the attorney general
- Violations can incur penalties up to $150,000 and the business can be enjoined and be required to pay damages for actual costs plus consequential financial losses
- New York has additional laws regarding how personal data is protected and disposed of to prevent a breach
- Federal laws, industry regulations, and/or out-of-country laws may also apply
This summary of regulations is provided for information purposes only. No action based on this summary alone should be undertaken. Each individual or entity must obtain appropriate guidance for its specific circumstances.
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