Catalog / Processes voice recordings / LXD-1246

Processes voice recordings, in New York

Stop Hacks and Improve Electronic Data Security (SHIELD) Act, data security program dutysince 4 lines

N.Y. Gen. Bus. Law section 899-bb (Article 39-F, added by L. 2019, ch. 117 (S5575-B/A5635-B), section 4) · Read the law's page

  • This binds any person or business that owns, licenses, or maintains computerized data including the private information of a New York resident; a business already a compliant regulated entity under Gramm-Leach-Bliley Act Title V regulations, HIPAA and HITECH regulations, or 23 NYCRR Part 500 (the New York Department of Financial Services cybersecurity regulation for a financial-services licensee) is deemed to comply.
  • Absent that safe harbor, develop, implement, and maintain a data security program with reasonable administrative safeguards (a designated coordinator, a risk assessment, employee training, vetted service-provider contracts, and periodic adjustment), reasonable technical safeguards (assessing network and software design risk, detecting and responding to attacks, and testing controls), and reasonable physical safeguards (securing storage and disposal and limiting access during and after collection).
  • A small business, fewer than 50 employees, under $3,000,000 in gross annual revenue in each of the last three fiscal years, or under $5,000,000 in year-end total assets, may scale its program's administrative, technical, and physical safeguards to its own size, complexity, and the sensitivity of the personal information it collects.
  • There is no private right of action; only the Attorney General may enforce this section, as a deemed violation of General Business Law 349, seeking injunctive relief and a civil penalty of up to $5,000 per violation under General Business Law 350-d.
New York City Biometric Identifier Information Lawsince 3 lines

N.Y.C. Admin. Code ยงยง 22-1201 to 22-1205 (Local Law 2021/003) · Read the law's page

  • If you are a commercial establishment in New York City collecting, retaining, converting, storing, or sharing biometric identifier information, including from scraped or captured photos processed into a face-geometry scan, post clear and conspicuous signage disclosing that practice.
  • Never sell, lease, trade, or otherwise profit from biometric identifier information collected from a New York City commercial establishment's customers; this ban carries no notice-and-cure period before a lawsuit.
  • An aggrieved person can sue you directly under this ordinance's private right of action; a signage violation gives you 30 days to cure before suit, but a sale or profit violation does not.

Revisions

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  1. Revision 1, : the entry was first published.

See also

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