Liisa M. Thomas and Kathryn Smith of Sheppard Mullin write:
As 2024 came to a close, New York Gov. Hochul signed two bills (A8872A and S2376B) amending New York’s data breach law. The modifications change both what constitutes personal information under the law, as well as modifying notification timing. The notice modification is now in effect; the change to the definition of personal information does not take effect until March 21, 2025.
As amended, companies will now have 30 days from discovery of a breach to notify impacted individuals. Previously, the law required notice to individuals “in the most expedient time possible and without reasonable delay.”
There is still an exception to the deadline for the legitimate needs of law enforcement.
The regulator to notify has also changed. Previously, businesses needed to provide notice to the NY Attorney General, the Department of State, and the Division of State Police. A fourth group has been added. Now notice must also be sent to the New York Department of Financial Services. Notification to each agency can be done via form on the New York AG website.
Read more at The National Law Review.
S2376B/A4737B also strengthens the protections for medical data and health insurance data by adding them to the definition of personal information in identity theft:
Section 1. Subdivision 2 of section 190.77 of the penal law is amended by adding two new paragraphs d and e to read as follows:
d. “medical information” means any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
e. “health insurance information” means an individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual or any information in an individual’s application and claims history, including, but not limited to, appeals history.