NY-STT State Technology Law NY

Definitions. As used in this article the following terms shall

mean:

1. "Council" means the advisory council for technology.

2. "Director" means the director of the office.

3. "Office" means the office of information technology services.

4. "State agency" means any department, board, bureau, commission,

division, office, council, committee or officer of the state. Such term

shall not include the legislature or judiciary.

5. "Technology" means either a good or a service or a combination

thereof, used in the application of any computer or electronic

information or interconnected system that is used in the acquisition,

storage, manipulation, management, movement, control, display,

switching, interchange, transmission, or reception of data or voice

including, but not limited to, hardware, software, information

appliances, firmware, programs, systems, networks, infrastructure,

media, and related material used to automatically and electronically

collect, receive, access, transmit, display, store, record, retrieve,

analyze, evaluate, process, classify, manipulate, manage, assimilate,

control, communicate, exchange, convert, coverage, interface, switch, or

disseminate data of any kind or form, and shall include all associated

consulting, management, facilities, maintenance, support and training.

Goods may be either new or used.

6. "Cloud computing" shall have the same meaning as defined by the

national institute of standards and technology's special publication

800-145, and any subsequent version of such publication.

Office of information technology services; director,

organization and employees. 1. The office of information technology

services is hereby created within the executive department to have and

exercise the functions, powers and duties provided by the provisions of

this article and any other provision of law.

2. The head of the office shall be the director of the office, who

shall serve as the chief technology officer for the state of New York

and shall be designated as management confidential in the noncompetitive

class in accordance with the civil service law. The director shall be

the chief executive officer of and in sole charge of the administration

of the office. The director shall be entitled to receive reimbursement

for expenses actually and necessarily incurred by him or her in the

performance of his or her duties.

3. The director may, from time to time, create, abolish, transfer and

consolidate bureaus and other units within the office not expressly

established by law as he or she may determine necessary for the

efficient operation of the office, subject to the approval of the

director of the budget.

4. The director may appoint, in accordance with the civil service law,

such deputies, assistants, and other officers and employees, committees

and consultants as he or she may deem necessary, prescribe their powers

and duties, fix their compensation, and provide for reimbursement of

their expenses within the amounts appropriated therefor.

5. The director may request and receive from any department, division,

board, bureau, commission or other agency of the state or any political

subdivision thereof or any public authority, staff and other assistance,

information, and resources as will enable the office to properly carry

out its functions, powers and duties.

Functions, powers and duties of the office. The office shall

have the following functions, powers and duties:

1. To act as the official state planning and coordinating office for

the advancement of technology to improve government efficiency and

effectiveness, and perform all necessary and appropriate services

required to fulfill these duties;

2. To advise and assist the state agencies in developing policies,

plans and programs for improving the statewide coordination,

administration, security, confidentiality, program effectiveness,

acquisition and deployment of technology;

3. To perform technology reviews and make recommendations for

improving management and program effectiveness pertaining to technology;

4. To review and coordinate the purchase of technology by state

agencies. Where applicable, such review shall include but not be limited

to: assessing consistency with the statewide strategic technology plan

and agency technology plan; statewide technology standards; the

safeguarding of information privacy; security of confidential records;

and proper dissemination of public information;

5. To establish, oversee, manage, coordinate and facilitate the

planning, design and implementation of the state's common technology

networks;

6. To undertake research, studies and analyses, and act as a central

repository, clearinghouse and disseminator of research studies, with

respect to technology;

7. To facilitate and coordinate the improvement of program delivery

services through technology with and among other departments, divisions

and agencies of the state, its political subdivisions and

municipalities;

7-a. To provide technology services via agreements with:

(a) municipal corporations, public benefit corporations and district

corporations as defined in section sixty-six of the general construction

law;

(b) political subdivisions as defined in section one hundred of the

general municipal law;

(c) public authorities;

(d) soil and water conservation districts;

(e) any unit of the state university and city university of New York

pursuant to and consistent with sections three hundred fifty-five and

sixty-two hundred eighteen of the education law;

8. To encourage and foster the exchange of and increase access to

information within and among public and private entities and individuals

in order to improve the delivery of state programs and services of the

state;

8-a. (a) To advise and assist state agencies in the implementation of

language translation technology on state agency websites containing

information about the novel coronavirus ("COVID-19") or programs,

benefits or services related to COVID-19 within sixty days of the

effective date of this subdivision; and on all state agency websites

within six months of the effective date of this subdivision.

(b) Such language translation technology shall, at a minimum, allow

users to translate the text of state agency websites into at least the

twelve most common non-English languages spoken by individuals with

limited-English proficiency in the state of New York, based on United

States census data.

(c) As used in this subdivision, the term "state agency website" shall

mean an internet website operated by or for a state agency. Such term

shall include those websites operated on behalf of state agencies by

other public or private entities, but shall not include any portions of

the internet outside the control of the state agency.

9. To undertake technology projects with a statewide or multi-agency

impact and, where appropriate, designate agencies to act as lead agency

for the project;

10. To establish statewide technology policies, including but not

limited to preferred technology standards and security, including

statewide policies, standards, programs, and services relating to the

security of state government networks and geographic information

systems, including the statewide coordination of geographically

referenced critical infrastructure information;

11. To adopt, amend, or rescind rules and regulations necessary or

convenient to the performance of the functions, powers and duties of the

office pursuant to the state administrative procedure act;

12. To complete a comprehensive study of existing state information

resource technology infrastructure to the extent that the information is

available.

Such study shall include, but not be limited to, inventories of:

(a) state operations' computer hardware and software;

(b) major physical infrastructures supporting existing operations,

including power, air conditioning, space and other environmental needs;

(c) the telecommunications and other networks supporting existing

operations;

(d) personnel associated with existing operations and management;

(e) expected retirement schedule of existing computer hardware and

software and replacement costs; and

(f) data processing consulting and contracting services utilized.

Such study shall be completed and submitted to the governor, the

temporary president of the senate and the speaker of the assembly on or

before October first, two thousand two. The office shall provide interim

reports on October first, two thousand and October first, two thousand

one.

12-a. To develop:

(a) a methodology to ascertain how much the state spends on technology

goods and services;

(b) a process to update the computer hardware and software inventory

periodically;

(c) a methodology to determine the expected life-cycle of state

operations' computer hardware and software which shall include the total

cost of ownership; and

(d) formal disaster recovery plans for the state data center and

statewide network, NY e-net; such plans shall be confidential.

Such developments shall be completed and submitted to the governor,

the temporary president of the senate and the speaker of the assembly on

or before October first, two thousand three.

12-b. To request and shall receive from any department, division,

board, commission or other agency of the state any information and

resources necessary to carry out the responsibilities and provisions set

forth in subdivisions twelve and twelve-a of this section.

13. To establish a multi-year statewide strategy plan covering a time

period of not less than three years to promote and coordinate

interagency technology efforts and initiatives that conform to the

state's overarching programmatic policy under which state agencies shall

develop their information resource management plans. Such plan shall be

submitted to the governor, the temporary president of the senate and the

speaker of the assembly upon completion on or before October first, two

thousand. Such plan shall be updated as needed, but not less than once

every three years;

14. To coordinate state budget submission to address known year two

thousand conversion issues;

15. To conduct selective evaluations of technology activities in state

agencies; and

16. To perform such acts, directly or by other means, as are necessary

or convenient to carry out the office's functions, powers and duties.

17. To enter into contracts with any person, firm, corporation,

not-for-profit corporation, political subdivision of the state, or

governmental entity.

18. To provide for the protection of the state government's cyber

security infrastructure, including, but not limited to, the

identification and mitigation of vulnerabilities, deterring and

responding to cyber events, and promoting cyber security awareness

within the state.

19. To maintain, in electronic or paper formats, maps, geographic

images, geographic data and metadata.

20. To issue guidance and training for state agencies in their

compliance with the Web Content Accessibility Guidelines required

pursuant to section one hundred three-d of the state technology law.

21. To issue guidance for contractors, subcontractors, vendors,

consultants, or other persons in their compliance with the Web Content

Accessibility Guidelines required pursuant to section one hundred

seventy-f of the executive law.

22. Notwithstanding the provisions of subparagraphs (i) and (ii) of

paragraph (a) of subdivision eight of section seventy-three of the

public officers law, former officers or employees of the office of cyber

security employed by the not-for-profit corporation that operates the

multi-state information sharing and analysis center may appear before

and render services to any federal, state, local, territorial or tribal

government relating to cyber security.

* 23. To issue guidance for state agencies in their compliance with

the gender-neutral terminology requirements set forth in section one

hundred three-b of this chapter.

* NB There are 2 sb 23's

* 23. Notwithstanding the provisions of section one hundred

sixty-three of the state finance law, section one hundred three of the

general municipal law, article four-C of the economic development law,

or any other provision of law relating to the award of public contracts,

any officer, body, or agency of New York state, public corporation, or

other public entity subject to such provisions of law shall be

authorized to enter individually or collectively into contracts with the

not-for-profit corporation that operates the multi-state information

sharing and analysis center for the provision of services through

September thirtieth, two thousand fifteen related to cyber security

including, but not limited to, monitoring, detecting, and responding to

cyber incidents, and such contracts may be awarded without compliance

with the procedures relating to the procurement of services set forth in

such provisions of law. Such contracts shall, however, be subject to the

comptroller's existing authority to approve contracts where such

approval is required by section one hundred twelve of the state finance

law or otherwise. Such officers, bodies, or agencies may pay the fees or

other amounts specified in such contracts in consideration of the cyber

security services to be rendered pursuant to such contracts.

* NB There are 2 sb 23's

24. To educate state agencies on the benefits of using cloud service

providers in relation to data storage and management.

25. To provide technical specifications to state agencies regarding

certain qualifications and specifications that cloud service providers

should satisfy, in relation to such agencies' consideration of

contracting with cloud service providers.

* § 103-a. State information technology innovation center. 1. The

director may establish a state information technology innovation center

or "iCenter" to develop, pilot, and consider technology solutions to

assist the state, state agencies, authorities, municipalities and other

governmental entities find potential solutions to their technology needs

or requirements. The director shall ensure the iCenter complies with all

state laws, rules, regulations, and policies. Vendor participation in

the iCenter shall not be construed to:

(a) create preferred status for any vendor in any government

procurement, or

(b) abrogate the requirement that technology procurements are awarded

pursuant to all applicable laws, including such laws requiring a

competitive process.

2. The director shall implement guidelines to carry out the provisions

of this section which shall not contravene any provision of the state

finance law. Such procedures shall include, but not be limited to:

(a) establishing the process for selecting vendors for participation

in the iCenter, which shall be a public process;

(b) establishing a process to determine which technology needs or

requirements shall be iCenter initiatives; and

(c) establishing safeguards to ensure the iCenter does not function in

a manner that results in the circumvention of competitive bidding,

including but not limited to through single and sole source exemptions.

3. The director shall conduct an outreach campaign informing the

public of the iCenter and shall conduct specific outreach to minority

and women-owned business enterprises certified pursuant to article

fifteen-A of the executive law, small businesses as such term is defined

in section one hundred thirty-one of the economic development law, and

service disabled veteran owned business enterprises certified pursuant

to article three of the veterans' services law to inform such businesses

of iCenter initiatives.

4. Every January first, beginning in two thousand nineteen, the

director shall submit a report to the speaker of the assembly, the

temporary president of the senate, and the governor detailing iCenter

initiatives undertaken in the prior year. Such report shall include but

not be limited to: an identification of any state resources used to

support the iCenter in the prior year; the number and nature of iCenter

initiatives undertaken in the prior year; the identity of vendors that

participated in the iCenter in the prior year, any iCenter initiatives

piloted in the prior year that were subsequently awarded a procurement

contract with any state agency to the extent the office of information

technology services may be aware of such contracts; and an evaluation of

the effectiveness of the iCenter. Such report shall be publicly posted

on the office's website.

* NB Repealed June 30, 2028

Gender-neutral terminology; state agencies. Each state agency

shall use gender-neutral terminology on their websites for website

content, including but not limited to forms accessible through the

website, that is created by or on behalf of such agency, or is within

their control to modify, provided that such content is created or

modified, including without limitation by the addition of content, after

the effective date of this section; provided further, however, if such

language is in reference to a specific person, or a specific group of

people, the language referring to such person or group may be gendered

in accordance with the gender identity of such person or group of

people.

* § 103-c. State agency websites; mobile friendly websites. All state

agency websites, as defined in section two hundred two of this chapter,

shall offer a mobile friendly form and shall be made available for all

mobile devices that support such technology, provided that such

requirement shall only apply to websites created or modified with

changes to form or function after the effective date of this section and

prior to January first, two thousand twenty-seven, and to all state

agency websites thereafter. For the purposes of this section, "mobile

friendly" shall mean, with respect to a website, that such website is

configured in such a way that such website may be navigated, viewed and

accessed on a smartphone, tablet computer, or similar mobile device. For

the purposes of this section, "changes to form or function" shall mean

modifications to the visual presentation, informational organization,

website infrastructure, or user utility of the website, including but

not limited to:

1. redesigns of site layout, color schemes, graphics, branding

elements, or other aesthetic components; or

2. integration of dynamic interfaces.

* NB There are 2 § 103-c's

Website accessibility; state agencies. Each state agency

shall, to the extent practicable, conform any of their websites, created

or modified with changes to form or function after the effective date of

this section, by January first, two thousand twenty-seven, to the most

current version of the Web Content Accessibility Guidelines,

specifically level AA, adopted by the World Wide Web Consortium for

accessibility, or any successor standards. A state agency that cannot

comply with the requirements of this section shall, by January first,

two thousand twenty-seven, post publicly on its website a written

progress report that describes with specificity the steps the agency has

taken to comply with this section, the impediments that prevented

compliance, the efforts undertaken by the agency to come into

compliance, and an estimated time frame for compliance. The written

report shall be updated annually from the date of the original posting.

This section shall not require an agency to take any action that would

result in a fundamental alteration in the nature of a service, program,

or activity.

For purposes of this section, "changes to form or function" shall mean

modifications to the visual presentation, informational organization,

website infrastructure, or user utility of the website, including but

not limited to: 1. redesigns of site layout, color schemes, graphics,

branding elements, or other aesthetic components; and 2. integration of

dynamic interfaces. Nothing in this section shall be construed to be

inconsistent with any current or future applicable federal laws or

regulations.

Artificial intelligence (AI) inventory. 1. The office shall

maintain an inventory of state agency artificial intelligence systems.

The office shall issue guidance to state agencies identifying the data

elements to be collected and submitted to the office for such inventory,

including but not limited to the purpose and uses of the artificial

intelligence systems. The inventory shall be posted on the New York

state open data website on the thirtieth of December next succeeding the

date this section takes effect, and annually thereafter. State agencies

shall submit information required by the office at least sixty days in

advance of the annual publication date. The office may withhold certain

information if it determines disclosure of this information would

jeopardize the security of information technology assets, or as

prescribed by article six of the public officers law.

2. For purposes of this section, "artificial intelligence system"

shall mean a machine-based system that can, for a given set of

human-defined objectives, make predictions, recommendations, or

decisions influencing real or virtual environments that, when used, may

"directly impact the public". Artificial intelligence systems use

machine- and human-based inputs to perceive real and virtual

environments, abstract such perceptions into models through analysis in

an automated manner, and use model inference to formulate options for

information or action. "Artificial intelligence system" includes but is

not limited to systems that use machine learning, large language model,

natural language processing, and computer vision technologies, including

generative artificial intelligence. "Artificial intelligence system"

shall not include basic calculations, basic automation, or pre-recorded

rule-based conditional logic response systems with predefined triggers

that automatically initiate predetermined actions, such as If This Then

That (IFTT) systems.

3. For purposes of this section, "directly impact the public" shall

mean when the use of an artificial intelligence system would control,

have a material impact on, or meaningfully influence the outcome of

activities that impact the safety, welfare, or rights of the public.

Such activities include but are not limited to assessments or decisions

about individuals including in law enforcement, housing, hiring and

employment, financial, educational, or healthcare contexts, decisions

regarding access to or eligibility for government benefits or about

child welfare, or the functioning of emergency services or critical

infrastructure.

4. The office may ask and shall receive from any state agency any

information or assistance necessary to carry out its powers and duties

under this section.

5. The office shall submit a copy of the artificial intelligence

inventory to the governor, the temporary president of the senate, and

the speaker of the assembly.

Cybersecurity awareness training. 1. (a) Employees of the

state who use technology as a part of their official job duties shall

take annual cybersecurity awareness training beginning January first,

two thousand twenty-six. Employees of the state shall be required to

complete the training provided by the office.

(b) For purposes of this section, "employees of the state" shall

include employees of all state agencies and all public benefit

corporations, the heads of which are appointed by the governor.

2. Employees of a county, a city, a town, a village, or a district as

defined in section one hundred nineteen-n of the general municipal law,

who use technology as a part of their official job duties shall take

annual cybersecurity awareness training beginning January first, two

thousand twenty-six. The office shall make a cybersecurity training

available for use by a county, a city, a town, a village, or a district

as defined in section one hundred nineteen-n of the general municipal

law, at no charge, provided however, no employee of a county, a city, a

town, a village, or a district as defined in section one hundred

nineteen-n of the general municipal law shall be required to complete

such training provided by the office and the cybersecurity awareness

training requirements of this section may be satisfied by the completion

of other cybersecurity awareness training.

3. All training mandated by this section shall be conducted during the

employee's regular working hours and employees shall receive

compensation at their regular rate of pay for any time spent

participating in such training.

Advisory council for technology. 1. There shall be within the

office, an advisory council for technology. The director of the office

shall serve as chair of the council. The council shall be composed of a

minimum of nine information resource management directors or their

equivalent appointed by the governor. The governor's appointments shall

be selected from state agencies. In addition, one shall be appointed

upon recommendation of the temporary president of the senate and one

shall be appointed upon the recommendation of the speaker of the

assembly.

2. The members of the council shall receive no compensation for their

services, but shall be allowed their actual and necessary expenses

incurred in the performance of their duties.

Functions, powers and duties of the council. The council shall

have the following functions, powers and duties:

1. To review and comment on all rules and regulations of the office;

2. To provide guidance and support to the office in the development of

any statewide plan for the further development and improvement of the

state's technology acquisitions;

3. To recommend surveys and reports to be completed by the director to

carry out all of the objectives and purposes of this article; and

4. To perform such other acts as may be assigned by the chairperson of

the council which are necessary or appropriate to carry out the

functions of the council.

Responsibility to respond to the freedom of information law for

certain data. Where the office receives a request for another agency's

data which is in the possession of the office because it administers,

operates or manages a statewide technology program, the office will

transmit, within five days, in writing the request to the agency that

owns the data with a copy of this law and send a copy of the transmittal

to the requester. Upon receiving the forwarded request, the agency must

comply with article six of the public officers law as if it had

initially received the request. The time periods for responding to a

request as required by article six of the public officers law commence

when the agency receives the request from the office.

Health care proxy information. Any state agency, board,

bureau, authority, commission, division, or other governmental entity

performing a governmental or proprietary function for the state that

maintains a public website and has a significant public interaction in

the field of public health shall, in consultation with the office of

information technology services and the department of health, create a

link on their homepage to the health care proxy information on the

department of health's website. A state agency, board, bureau,

authority, commission, division, or other governmental entity performing

a governmental or proprietary function for the state which determines

that creating such link would create a financial hardship or which do

not have a significant public interaction in the field of public health

shall be exempted from the provisions of this section.

Use of biometric identifying technology in schools. 1. As

used in this section:

a. "biometric identifying technology" shall mean any tool using an

automated or semi-automated process that assists in verifying a person's

identity based on a person's biometric information.

b. "biometric information" shall mean any measurable physical,

physiological or behavioral characteristics that are attributable to a

person, including but not limited to facial characteristics, fingerprint

characteristics, hand characteristics, eye characteristics, vocal

characteristics, and any other characteristics that can be used to

identify a person including, but are not limited to: fingerprints;

handprints; retina and iris patterns; DNA sequence; voice; gait; and

facial geometry.

c. "facial recognition" shall mean any tool using an automated or

semi-automated process that assists in uniquely identifying or verifying

a person by comparing and analyzing patterns based on the person's face.

2. a. Except as authorized in paragraph b of this subdivision, public

and nonpublic elementary and secondary schools, including charter

schools, shall be prohibited from purchasing or utilizing biometric

identifying technology for any purpose, including school security, until

July first, two thousand twenty-two or until the commissioner of

education authorizes such purchase or utilization as provided in

subdivision three of this section, whichever occurs later.

b. Schools may utilize biometric identifying technology for the

following purposes: (i) fingerprint identification of prospective school

employees where utilized for the purpose of compliance with a provision

of the education law or the regulations of the commissioner of education

or (ii) to exclusively identify employees that have consented in writing

to the use of such technology or in the case of employees represented

under article fourteen of the civil service law, where the employee

organization representing such employee has consented in writing to the

use of such technology.

3. a. The commissioner of education shall not authorize the purchase

or utilization of biometric identifying technology, including but not

limited to facial recognition technology, without the director first

issuing a report prepared in consultation with the state education

department, making recommendations as to the circumstances in which the

utilization of such technology is appropriate in public and nonpublic

elementary and secondary schools, including charter schools, and what

restrictions and guidelines should be enacted to protect individual

privacy, civil rights, and civil liberty interests. Such report shall be

made public and presented to the governor, the temporary president of

the senate, and the speaker of the assembly, and shall consider,

evaluate and present recommendations concerning:

i. the privacy implications of collecting, storing, and/or sharing

biometric information of students, teachers, school personnel and the

general public entering a school or school grounds;

ii. the potential impact of the use of biometric identifying

technology on student civil liberties and student civil rights,

including the risks and implications of the technology resulting in

false facial identifications, and whether the risks of false facial

identifications differs for different subgroups of individuals based on

race, national origin, gender, age and other factors, and any other

reasonable accuracy concerns with respect to technology;

iii. whether, and under what circumstances, such technology may be

used for school security and the effectiveness of such technology to

protect students and school personnel;

iv. whether, and under what circumstances and in what manner,

information collected may be used by schools and shared with students,

parents or guardians, outside agencies including law enforcement

agencies, individuals, litigants, the courts, and any other third

parties;

v. the length of time biometric information may be retained and

whether, and in what manner, such information may be required to be

permanently destroyed;

vi. the risk of an unauthorized breach of biometric information and

appropriate consequences therefor;

vii. expected maintenance costs resulting from the storage and use of

facial recognition images and other biometric information, including the

cost of appropriately securing sensitive data, performing required

updates to protect against an unauthorized breach of data, and potential

costs associated with an unauthorized breach of data;

viii. analysis of other schools and organizations, if any, that have

implemented facial recognition technology and other biometric

identifying technology programs;

ix. the appropriateness and potential implications of using any

existing databases, including but not limited to, local law enforcement

databases, as part of biometric identifying technology;

x. whether, and in what manner such biometric identifying technology

should be assessed and audited, including but not limited to, vendor

datasets, adherence to appropriate standards of algorithmic fairness,

accuracy, and other performance metrics, including with respect to

subgroups of persons based on race, national origin, gender, and age;

xi. whether, and in what manner, the use of such technology should be

disclosed by signs and the like in such schools, as well as communicated

to parents, guardians, students, and district residents; and

xii. existing legislation, including but not limited to section two-d

of the education law, that may be implicated by or in conflict with

biometric technology to ensure the maintenance of records related to the

use of such technology, protect the privacy interests of data subjects,

and avoid any breaches of data.

b. The director, in consultation with the commissioner of education,

shall consult with stakeholders and other interested parties when

preparing such report. The state education department, the division of

criminal justice services, law enforcement authorities and the state

university of New York and the city university of New York shall, to the

extent practicable, identify and provide representatives to the office

of information technology, at the request of the director, in order to

participate in the development and drafting of such report.

4. The director shall, via scheduled public hearings and other

outreach methods, seek feedback from teachers, school administrators,

parents, individuals with expertise in school safety and security, and

individuals with expertise in data privacy issues and student privacy

issues, and individuals with expertise in civil rights and civil

liberties prior to making such recommendations.

Severability. The provisions of this article shall be severable

and if any portion thereof or the applicability thereof to any person or

circumstances shall be held to be invalid, the remainder of this article

and the application thereof shall not be affected thereby.

Short title. This article shall be known and may be cited as

the "internet security and privacy act".

Definitions. As used in this article, the following terms shall

have the following meanings:

1. "Collect" shall mean to store information, including via cookie

technology, for purposes of retrieval at a later time to initiate

communication with or make determinations about the person who is the

subject of such information.

2. "Disclose" shall mean to reveal, release, transfer, disseminate or

otherwise communicate information orally, in writing or by electronic or

other means, other than to the person who is the subject of such

information.

3. "Internet" shall mean a system of linked computer networks,

international in scope, that facilitate data transmission and exchange.

4. "Office" shall mean the state office of information technology

services.

5. "Personal information" shall mean any information concerning a

natural person which, because of name, number, symbol, mark or other

identifier, can be used to identify that natural person.

6. "State agency" shall have the same meaning as the meaning given to

"agency" under subdivision one of section ninety-two of the public

officers law.

7. "State agency website" shall mean an internet website operated by

or for a state agency. Such term shall include those websites operated

on behalf of state agencies by other public or private entities, but

shall not include any portions of the internet outside the control of

the state agency.

8. "User" shall mean any natural person who uses the internet to

access a state agency website.

Model internet privacy policy. 1. The office shall adopt rules

and regulations in conformity with the provisions of this article, and

specify a model internet privacy policy for state agencies that maintain

state agency websites. Such model privacy policy shall include, but not

be limited to, the following elements:

(a) a statement of any information, including personal information,

the state agency website will collect with respect to the user and the

use of the information;

(b) the circumstances under which information, including personal

information, collected may be disclosed;

(c) whether any information collected will be retained by the state

agency, and, if so, the period of time that such information will be

retained;

(d) the procedures by which a user may gain access to the collected

information pertaining to that user;

(e) the means by which information is collected and whether such

collection occurs actively or passively;

(f) whether the collection of information is voluntary or required,

and the consequences, if any, of a refusal to provide the required

information; and

(g) the steps being taken by the state agency to protect the

confidentiality and integrity of the information.

2. Each state agency that maintains a state agency website shall adopt

an internet privacy policy which shall, at a minimum, include the

information required by the model internet privacy policy. Each state

agency shall post its internet privacy policy on its website. Such

posting shall include a conspicuous and direct link to such privacy

policy.

3. The model internet privacy policy specified by the office shall

also be made available at no charge to other public and private

entities.

Collection and disclosure of personal information. No state

agency shall collect personal information concerning a user through a

state agency website, or disclose personal information concerning a user

to any person, firm, partnership, corporation, limited liability company

or other entity, including internal staff who do not need the

information in the performance of their official duties pursuant to a

state agency purpose meeting the requirements of subdivision one of

section two hundred six of this article, unless such user has consented

to the collection or disclosure of such personal information. For the

purposes of this section, the voluntary disclosure of personal

information to a state agency by a user through a state agency website,

whether solicited or unsolicited, shall constitute consent to the

collection or disclosure of the information by the state agency for the

purposes for which the user disclosed it to the state agency, as

reasonably ascertainable from the nature and terms of the disclosure.

Access to personal information. Except as otherwise provided by

law, a state agency shall provide users with access to all personal

information pertaining to such user which has been collected through its

state agency website. Access to such personal information and the

opportunity to request correction or amendment of such personal

information shall be provided to users in the manner provided for access

to and correction or amendment of personal information under section

ninety-five of the public officers law. A state agency shall provide a

user access to such personal information via the internet when such

access is feasible and only if that access can be provided in a secure

manner.

Exceptions. Notwithstanding section two hundred four of this

article, a state agency may collect or disclose personal information if

the collection or disclosure is:

1. necessary to perform the statutory duties of the state agency that

collected or is collecting the personal information, or necessary for

that agency to operate a program authorized by law, or authorized by

state or federal statute or regulation;

2. made pursuant to a court order or by law;

3. for the purpose of validating the identity of the user; or

4. if the information is used solely for statistical purposes and is

in a form that cannot be used to identify any particular person.

Construction. Nothing in this article shall abridge public

access to information available or permitted by any other provision or

rule of law, including without limitation article six of the public

officers law. Nothing in this article shall authorize the collection or

disclosure of information the collection or disclosure of which is

prohibited or restricted by any other provision of law, including

without limitation article six-A of the public officers law. Nothing in

this article shall alter the obligations of state agencies and users

pursuant to article six-A of the public officers law.

Notification; person without valid authorization has acquired

private information. 1. As used in this section, the following terms

shall have the following meanings:

(a) "Private information" shall mean either: (i) personal information

consisting of any information in combination with any one or more of the

following data elements, when either the data element or the combination

of personal information plus the data element is not encrypted or

encrypted with an encryption key that has also been accessed or

acquired:

(1) social security number;

(2) driver's license number or non-driver identification card number;

(3) account number, credit or debit card number, in combination with

any required security code, access code, password or other information

which would permit access to an individual's financial account;

(4) account number, or credit or debit card number, if circumstances

exist wherein such number could be used to access to an individual's

financial account without additional identifying information, security

code, access code, or password; or

(5) biometric information, meaning data generated by electronic

measurements of an individual's unique physical characteristics, such as

fingerprint, voice print, or retina or iris image, or other unique

physical representation or digital representation which are used to

authenticate or ascertain the individual's identity; or

(ii) a user name or e-mail address in combination with a password or

security question and answer that would permit access to an online

account.

"Private information" does not include publicly available information

that is lawfully made available to the general public from federal,

state, or local government records.

(b) "Breach of the security of the system" shall mean unauthorized

acquisition or acquisition without valid authorization of computerized

data which compromises the security, confidentiality, or integrity of

personal information maintained by a state entity. Good faith

acquisition of personal information by an employee or agent of a state

entity for the purposes of the agency is not a breach of the security of

the system, provided that the private information is not used or subject

to unauthorized disclosure.

In determining whether information has been acquired, or is reasonably

believed to have been acquired, by an unauthorized person or a person

without valid authorization, such state entity may consider the

following factors, among others:

(1) indications that the information is in the physical possession and

control of an unauthorized person, such as a lost or stolen computer or

other device containing information; or

(2) indications that the information has been downloaded or copied; or

(3) indications that the information was used by an unauthorized

person, such as fraudulent accounts opened or instances of identity

theft reported.

(c) "State entity" shall mean any state board, bureau, division,

committee, commission, council, department, public authority, public

benefit corporation, office or other governmental entity performing a

governmental or proprietary function for the state of New York, except:

(1) the judiciary; and

(2) all cities, counties, municipalities, villages, towns, and other

local agencies.

(d) "Consumer reporting agency" shall mean any person which, for

monetary fees, dues, or on a cooperative nonprofit basis, regularly

engages in whole or in part in the practice of assembling or evaluating

consumer credit information or other information on consumers for the

purpose of furnishing consumer reports to third parties, and which uses

any means or facility of interstate commerce for the purpose of

preparing or furnishing consumer reports. A list of consumer reporting

agencies shall be compiled by the state attorney general and furnished

upon request to state entities required to make a notification under

subdivision two of this section.

2. Any state entity that owns or licenses computerized data that

includes private information shall disclose any breach of the security

of the system following discovery or notification of the breach in the

security of the system to any resident of New York state whose private

information was, or is reasonably believed to have been, accessed or

acquired by a person without valid authorization. The disclosure shall

be made in the most expedient time possible and without unreasonable

delay, consistent with the legitimate needs of law enforcement, as

provided in subdivision four of this section, or any measures necessary

to determine the scope of the breach and restore the integrity of the

data system. The state entity shall consult with the state office of

information technology services to determine the scope of the breach and

restoration measures. Within ninety days of the notice of the breach,

the office of information technology services shall deliver a report on

the scope of the breach and recommendations to restore and improve the

security of the system to the state entity.

(a) Notice to affected persons under this section is not required if

the exposure of private information was an inadvertent disclosure by

persons authorized to access private information, and the state entity

reasonably determines such exposure will not likely result in misuse of

such information, or financial or emotional harm to the affected

persons. Such a determination must be documented in writing and

maintained for at least five years. If the incident affected over five

hundred residents of New York, the state entity shall provide the

written determination to the state attorney general within ten days

after the determination.

(b) If notice of the breach of the security of the system is made to

affected persons pursuant to the breach notification requirements under

any of the following laws, nothing in this section shall require any

additional notice to those affected persons, but notice still shall be

provided to the state attorney general, the department of state and the

office of information technology services pursuant to paragraph (a) of

subdivision seven of this section and to consumer reporting agencies

pursuant to paragraph (b) of subdivision seven of this section:

(i) regulations promulgated pursuant to Title V of the federal

Gramm-Leach-Bliley Act (15 U.S.C. 6801 to 6809), as amended from time to

time;

(ii) regulations implementing the Health Insurance Portability and

Accountability Act of 1996 (45 C.F.R. parts 160 and 164), as amended

from time to time, and the Health Information Technology for Economic

and Clinical Health Act, as amended from time to time;

(iii) part five hundred of title twenty-three of the official

compilation of codes, rules and regulations of the state of New York, as

amended from time to time; or

(iv) any other data security rules and regulations of, and the

statutes administered by, any official department, division, commission

or agency of the federal or New York state government as such rules,

regulations or statutes are interpreted by such department, division,

commission or agency or by the federal or New York state courts.

3. Any state entity that maintains computerized data that includes

private information which such agency does not own shall notify the

owner or licensee of the information of any breach of the security of

the system immediately following discovery, if the private information

was, or is reasonably believed to have been, accessed or acquired by a

person without valid authorization.

4. The notification required by this section may be delayed if a law

enforcement agency determines that such notification impedes a criminal

investigation. The notification required by this section shall be made

after such law enforcement agency determines that such notification does

not compromise such investigation.

5. The notice required by this section shall be directly provided to

the affected persons by one of the following methods:

(a) written notice;

(b) electronic notice, provided that the person to whom notice is

required has expressly consented to receiving said notice in electronic

form and a log of each such notification is kept by the state entity who

notifies affected persons in such form; provided further, however, that

in no case shall any person or business require a person to consent to

accepting said notice in said form as a condition of establishing any

business relationship or engaging in any transaction;

(c) telephone notification provided that a log of each such

notification is kept by the state entity who notifies affected persons;

or

(d) Substitute notice, if a state entity demonstrates to the state

attorney general that the cost of providing notice would exceed two

hundred fifty thousand dollars, or that the affected class of subject

persons to be notified exceeds five hundred thousand, or such agency

does not have sufficient contact information. Substitute notice shall

consist of all of the following:

(1) e-mail notice when such state entity has an e-mail address for the

subject persons;

(2) conspicuous posting of the notice on such state entity's web site

page, if such agency maintains one; and

(3) notification to major statewide media.

6. Regardless of the method by which notice is provided, such notice

shall include contact information for the state entity making the

notification, the telephone numbers and websites of the relevant state

and federal agencies that provide information regarding security breach

response and identity theft prevention and protection information and a

description of the categories of information that were, or are

reasonably believed to have been, accessed or acquired by a person

without valid authorization, including specification of which of the

elements of personal information and private information were, or are

reasonably believed to have been, so accessed or acquired.

7. (a) In the event that any New York residents are to be notified,

the state entity shall notify the state attorney general, the department

of state and the state office of information technology services as to

the timing, content and distribution of the notices and approximate

number of affected persons and provide a copy of the template of the

notice sent to affected persons. Such notice shall be made without

delaying notice to affected New York residents.

(b) In the event that more than five thousand New York residents are

to be notified at one time, the state entity shall also notify consumer

reporting agencies as to the timing, content and distribution of the

notices and approximate number of affected persons. Such notice shall be

made without delaying notice to affected New York residents.

8. The state office of information technology services shall develop,

update and provide regular training to all state entities relating to

best practices for the prevention of a breach of the security of the

system.

9. Any covered entity required to provide notification of a breach,

including breach of information that is not "private information" as

defined in paragraph (a) of subdivision one of this section, to the

secretary of health and human services pursuant to the Health Insurance

Portability and Accountability Act of 1996 or the Health Information

Technology for Economic and Clinical Health Act, as amended from time to

time, shall provide such notification to the state attorney general

within five business days of notifying the secretary.

10. Any entity listed in subparagraph two of paragraph (c) of

subdivision one of this section shall adopt a notification policy no

more than one hundred twenty days after the effective date of this

section. Such entity may develop a notification policy which is

consistent with this section or alternatively shall adopt a local law

which is consistent with this section.

Notification of a breach of the security of the system or a

breach of network security; shared data. 1. The office shall, within

twenty-four hours of either being notified of or receiving evidence of a

breach of the security of the system, or a breach of network security,

as defined in paragraphs (a) and (b) of subdivision three of this

section, notify the chief information officer, the chief information

security officer, and where appropriate, the cyber security coordinator

of any state entity with which it shares data, provides networked

services or shares a network connection whose data, services or

connection is reasonably suspected to be affected by any such breach.

2. The office shall provide the chief information officer, the chief

information security officer, and where appropriate, the cyber risk

coordinator of any state entity, who has been notified pursuant to

subdivision one of this section, with its plan for remediation of the

breach and future protection of such data and network.

3. For purposes of this section:

(a) "Breach of the security of the system" shall have the same meaning

as defined in paragraph (b) of subdivision one of section two hundred

eight of this article.

(b) "Breach of network security" shall mean unauthorized access to or

access without valid authorization of a computer network which

compromises the security, confidentiality, or integrity of such network.

(c) "State entity" shall have the same meaning as provided by

paragraph (c) of subdivision one of section two hundred eight of this

article.

Cybersecurity protection. 1. Definitions. For purposes of this

section, the following terms shall have the following meanings:

(a) "Breach of the security of the system" shall have the same meaning

as such term is defined in section two hundred eight of this article.

(b) "Data subject" means any natural person about whom personal

information has been collected by a state agency.

(c) "Information system" means a discrete set of information resources

organized for the collection, processing, maintenance, use, sharing,

dissemination, or disposition of information.

(d) "State agency-maintained personal information" means personal

information stored by a state agency that was generated by a state

agency or provided to the state agency by the data subject, a state

agency, a federal governmental entity, or any other third-party source.

Such term shall also include personal information provided by an adverse

party in the course of litigation or other adversarial proceeding.

(e) "State agency" shall have the same meaning as such term is defined

in section one hundred one of this chapter.

2. Data protection standards. The director shall issue policies and

standards for:

(a) protection against breaches of the security of the information

systems and for personal information used by such information systems;

(b) data backup;

(c) information system recovery;

(d) secure sanitization and deletion of data;

(e) vulnerability management and assessment; and

(f) annual workforce training regarding protection against breaches of

the security of the system, as well as processes and procedures that

should be followed in the event of a breach of the security of the

system.

3. Information system inventory. (a) No later than two years after the

effective date of this section, each state agency shall create, then

maintain, an inventory of its information systems.

(b) Upon written request from the office, a state agency shall provide

the office with the state agency-maintained information systems

inventories required to be created or updated pursuant to this

subdivision.

(c) Notwithstanding paragraph (a) of this subdivision, the state

agency-maintained information systems inventories required to be created

or updated pursuant to this subdivision shall be kept confidential, as

disclosure of such information would jeopardize the security of a state

agency's information systems and information technology assets and,

further, shall not be made available for disclosure or inspection under

the state freedom of information law.

4. Incident management and recovery. (a) No later than eighteen months

after the effective date of this section, each state agency shall have

created an incident response plan for incidents involving a breach of

the security of the system that render an information system or its data

unavailable, and incidents involving a breach of the security of the

system that result in the alteration or deletion of or unauthorized

access to, personal information.

(b) Such incident response plan shall include, but not be limited to,

a procedure for situations where information systems have been adversely

affected by a breach of the security of the system, as well as a

procedure for the recovery of personal information and information

systems.

(c) Beginning January first, two thousand twenty-eight and on an

annual basis thereafter, each state agency shall complete at least one

exercise of its incident response plan. Upon completion of such

exercise, the state agency shall document the incident response plan's

successes and shortcomings in an incident response plan exercise report.

The incident response plan and any incident response plan exercise

reports shall be kept confidential, as disclosure of such information

would jeopardize the security of a state agency's information systems

and information technology assets, and, further, shall not be made

available for disclosure or inspection under the state freedom of

information law.

5. No private right of action. Nothing set forth in this section shall

be construed as creating or establishing a private cause of action.

Short title. This article shall be known and may be cited as

the "electronic signatures and records act".

Definitions. For the purpose of this article:

1. "Electronic" shall mean of or relating to technology having

electrical, digital, magnetic, wireless, optical, electromagnetic, or

similar capabilities.

2. "Electronic record" shall mean information, evidencing any act,

transaction, occurrence, event, or other activity, produced or stored by

electronic means and capable of being accurately reproduced in forms

perceptible by human sensory capabilities.

3. "Electronic signature" shall mean an electronic sound, symbol, or

process, attached to or logically associated with an electronic record

and executed or adopted by a person with the intent to sign the record.

4. "Person" shall mean a natural person, corporation, trust, estate,

partnership, incorporated or unincorporated association or any other

legal entity, and also includes any department, agency, authority, or

instrumentality of the state or its political subdivisions.

5. "Governmental entity" shall mean any state department, board,

bureau, division, commission, committee, public authority, public

benefit corporation, council, office, or other governmental entity or

officer of the state having statewide authority, except the state

legislature, and any political subdivision of the state.

Electronic facilitator. 1. The office of information technology

services shall be the electronic facilitator and administer this

article. In addition to the authority, duties and responsibilities set

forth in article one of this chapter, the electronic facilitator shall

have the authority, duties and responsibilities granted in this article.

2. The electronic facilitator shall have the following functions,

powers, and duties:

(a) To promulgate rules and regulations consistent with the provisions

of this article. In developing rules and regulations, the electronic

facilitator shall seek the advice of the attorney general, the state

comptroller, the director of budget, government and private entities and

individuals as the electronic facilitator deems appropriate.

(b) To cooperate with government and private entities and individuals

in order to assist in the development and implementation of this

article.

(c) To develop guidelines for the improvement of business and commerce

by electronic means. Such guidelines shall identify preferred technology

standards relating to security, confidentiality and privacy of

electronic signatures and electronic records.

Use of electronic signatures. 1. The electronic facilitator

shall establish rules and regulations governing the use of electronic

signatures and authentication. The electronic facilitator shall not

establish rules or regulations that seek to apportion fault or impose or

limit liability relating to the use of electronic signatures.

2. In accordance with this section unless specifically provided

otherwise by law, an electronic signature may be used by a person in

lieu of a signature affixed by hand. The use of an electronic signature

shall have the same validity and effect as the use of a signature

affixed by hand.

Use of electronic records. 1. In accordance with rules and

regulations promulgated by the electronic facilitator, government

entities are authorized and empowered to produce, receive, accept,

acquire, record, file, transmit, forward, and store information by use

of electronic means. If any such government entity uses electronic

records, it must also ensure that anyone who uses the services of such

government entity may obtain access to records as permitted by statute,

and receive copies of such records in paper form in accordance with fees

prescribed by statute. No person shall be required to submit or file any

record electronically to any government entity except as otherwise

provided by law. Government entities that obtain, store, or utilize

electronic records shall not refuse to accept hard copy, non-electronic

forms, reports, and other paper documents for submission or filing

except as otherwise provided by law.

2. A government entity shall have the authority to dispose of or

destroy a record in accordance with the arts and cultural affairs law,

regardless of format or media.

3. An electronic record shall have the same force and effect as those

records not produced by electronic means.

4. The director shall study how electronic documents and the

mechanisms and processes for obtaining access to and reading electronic

data can be created, maintained, exchanged, and preserved by the state

in a manner that encourages appropriate government control, access,

choice, interoperability, and vendor neutrality. The study shall

consider, but not be limited to, the policies of other states and

nations, management guidelines for state archives as they pertain to

electronic documents, public access, expected storage life of electronic

documents, costs of implementation, and savings. The director shall

solicit comments regarding the creation, maintenance, exchange, and

preservation of electronic documents by the state from stakeholders,

including but not limited to, the office of the state comptroller, the

office of the attorney general, the state archives, and the state

historian. The director shall also solicit comments from members of the

public. The director shall report findings and recommendations to the

governor, the speaker of the assembly, and the temporary president of

the senate on or before January fifteenth, two thousand eight.

Admissibility into evidence. In any legal proceeding where the

provisions of the civil practice law and rules are applicable, an

electronic record or electronic signature may be admitted into evidence

pursuant to the provisions of article forty-five of the civil practice

law and rules including, but not limited to section four thousand five

hundred thirty-nine of such law and rules.

Exceptions. This article shall not apply:

* 1. To any document providing for the disposition of an individual's

person or property upon death or incompetence, or appointing a fiduciary

of an individual's person or property, including, without limitation,

wills, trusts, decisions consenting to orders not to resuscitate, and

powers of attorney, with the exception of: (a) contractual beneficiary

designations; (b) the registration of making, amending, or revoking an

anatomical gift under section forty-three hundred ten of the public

health law; (c) documents and forms authorizing or accepting funeral,

cemetery and cremation services; and (d) the execution of a valid power

of attorney for the purpose of transferring a salvage certificate of

title and the execution of an odometer and damage disclosure statement

in connection with such title whenever a loss in connection with a

private automobile is determined by an insurer to be a total loss or

constructive total loss under section three thousand four hundred twelve

of the insurance law.

* NB Effective until December 12, 2027

* 1. To any document providing for the disposition of an individual's

person or property upon death or incompetence, or appointing a fiduciary

of an individual's person or property, including, without limitation,

wills, unless such will is executed pursuant to part six of article

three of the estates, powers and trusts law, trusts, decisions

consenting to orders not to resuscitate, and powers of attorney, with

the exception of: (a) contractual beneficiary designations; (b) the

registration of making, amending, or revoking an anatomical gift under

section forty-three hundred ten of the public health law; (c) documents

and forms authorizing or accepting funeral, cemetery and cremation

services; and (d) the execution of a valid power of attorney for the

purpose of transferring a salvage certificate of title and the execution

of an odometer and damage disclosure statement in connection with such

title whenever a loss in connection with a private automobile is

determined by an insurer to be a total loss or constructive total loss

under section three thousand four hundred twelve of the insurance law.

* NB Effective December 12, 2027

2. To any negotiable instruments and other instruments of title

wherein possession of the instrument is deemed to confer title, unless

an electronic version of such record is created, stored or transferred

pursuant to this article in a manner that allows for the existence of

only one unique, identifiable and unalterable version which cannot be

copied except in a form that is readily identifiable as a copy.

3. To any other document that the electronic facilitator has

specifically excepted, pursuant to the rules and regulations of the

electronic facilitator, from the application of this article.

Personal privacy protection. 1. Any information reported to the

electronic facilitator by a government entity in connection with the

authorization of an electronic signature shall continue to be withheld

from public disclosure if such information was withheld from public

disclosure by such government entity. Electronic records shall be

considered and treated as any other records for the purposes of the

freedom of information law as set forth in article six of the public

officers law and the personal privacy protection law as set forth in

article six-A of the public officers law.

2. A person or an entity that acts as an authenticator of electronic

signatures shall not disclose to a third party any personal information

reported to it by the electronic signatory other than the information

necessary to authenticate the signature unless the disclosure is made

pursuant to a court order or statute, or if the information or data is

used solely for statistical purposes in aggregate form. For purposes of

this section, "personal information" shall mean data that identifies a

specific person, including but not limited to home and work addresses,

telephone number, e-mail address, social security number, birthdate,

gender, marital status, mother's maiden name, and health data.

Use of electronic records and signatures to be voluntary.

Nothing in this article shall require any entity or person to use an

electronic record or an electronic signature unless otherwise provided

by law.

Definitions. For the purpose of this article:

1. "Automated employment decision-making tool" shall mean any software

that uses algorithms, computational models, or artificial intelligence

techniques, or a combination thereof, to materially automate or replace

human decision-making regarding employment, including but not limited to

wages and other compensation, hiring, selection for recruitment,

discipline, promotion, and termination. "Automated employment

decision-making tool" shall not include any software used primarily for

basic computerized processes, such as calculators, spellcheck tools,

autocorrect functions, spreadsheets, electronic communications, or any

tool that relates only to internal management affairs such as ordering

office supplies or processing payments, and that do not materially

affect the rights, liberties, benefits, safety or welfare of any

individual within the state.

2. "State agency" shall mean any department, public authority, board,

bureau, commission, division, office, council, committee or officer of

the state. Such terms shall not include the legislature or judiciary.

* 3. "Covered entity" shall mean any county, city, town, village,

school district, board of cooperative educational services, county

vocational education and extension board, district corporation, the

state university of New York, the city university of New York, or

community college.

* NB Repealed July 1, 2028

* Disclosure of automated employment decision-making tools used

by state agencies.

* NB Effective until July 1, 2028

* Disclosure of automated employment decision-making tools.

* NB Effective July 1, 2028

Any state agency that utilizes an automated employment decision-making

tool, as defined in section four hundred one of this article, shall

publish a list of such automated employment decision-making tools on

such state agency's website no later than the thirtieth of December next

succeeding the date on which the amendments made to this section by a

chapter of the laws of two thousand twenty-four take effect, and

annually thereafter. Such disclosure shall include:

1. a description of the automated employment decision-making tool

utilized by such state agency;

2. the date that the state agency use of such automated employment

decision-making tool began;

3. a summary of the purpose and use of such automated employment

decision-making tool; and

4. any other information deemed relevant by the agency.

* § 402-a. Disclosure of automated employment decision-making tools

used by covered entities. To the extent feasible, any covered entity

that utilizes an automated employment decision-making tool, shall

publish a list of such automated employment decision-making tools on

such covered entity's website no later than the thirtieth of December

next succeeding the date on which this section shall have become a law,

and annually thereafter. To the extent feasible, such disclosure shall

include:

1. a description of the automated employment decision-making tool

utilized by such covered entity;

2. the date that the covered entity use of such automated employment

decision-making tool began;

3. a summary of the purpose and use of such automated employment

decision-making tool; and

4. any other information deemed relevant by the covered entity.

* NB Repealed July 1, 2028

* § 501. Definitions. For the purpose of this article:

1. "Automated decision-making tool" shall mean any software that uses

algorithms, computational models, or artificial intelligence techniques,

or a combination thereof, to automate, support, or replace human

decision-making. "Automated decision-making tool" shall not include any

software used primarily for basic computerized processes, such as

calculators, spellcheck tools, autocorrect functions, spreadsheets,

electronic communications, or any tool that relates only to internal

management affairs such as ordering office supplies or processing

payments, and that do not materially affect the rights, liberties,

benefits, safety or welfare of any individual within the state.

"Automated decision-making tools" shall not include "automated

employment decision-making tools" as defined in section four hundred one

of this chapter.

2. "Meaningful human review" means review, oversight and control of

the automated decision-making process by one or more individuals who

understand the risks, limitations, and functionality of, and are trained

to use, the automated decision-making tool and who have the authority to

intervene or alter the decision under review, including but not limited

to the ability to approve, deny, or modify any decision recommended or

made by the automated tool.

3. "Government agency" shall mean: (a) the state or civil division

thereof; (b) a county, city, town or village; (c) a school district,

board of cooperative educational services, vocational education and

extension board or a school district as enumerated in section one of

chapter five hundred sixty-six of the laws of nineteen hundred

sixty-seven, as amended; (d) the state university of New York; (e) the

city university of New York; (f) a public improvement or special

district including police or fire districts; (g) a public authority,

commission or public benefit corporation; or (h) any other public

corporation, agency, instrumentality or unit of government which

exercises governmental power under the laws of this state.

* NB Repealed July 1, 2028

* § 502. Disclosure of automated decision-making tools by government

agencies. Any government agency that utilizes an automated

decision-making tool, as defined in section five hundred one of this

article, shall publish a list of such automated decision-making tools on

such government agency's website no later than the thirtieth of December

next succeeding the date on which this section takes effect, and

annually thereafter. Such disclosure shall include:

1. a description of the automated decision-making tool utilized by

such government agency;

2. the date that the government agency use of such automated

decision-making tool began;

3. a summary of the purpose and use of such automated decision-making

tool; and

4. any other information deemed relevant by the agency.

* NB Repealed July 1, 2028

* § 503. Impact assessments. 1. Government agencies seeking to utilize

or apply an automated decision-making tool permitted under section five

hundred two of this article with continued and operational meaningful

human review shall conduct or have conducted an impact assessment

substantially completed and bearing the signature of one or more

individuals responsible for meaningful human review for the lawful

application and use of such automated decision-making tool. Following

the first impact assessment, an impact assessment shall be conducted in

accordance with this section at least once every two years. An impact

assessment shall be conducted prior to any material change to the

automated decision-making tool that may change the outcome or effect of

such tool. Such impact assessments shall include:

(a) a description of the objectives of the automated decision-making

tool;

(b) an evaluation of the ability of the automated decision-making tool

to achieve its stated objectives;

(c) a description and evaluation of the objectives and development of

the automated decision-making including:

(i) a summary of the underlying algorithms, computational modes, and

artificial intelligence tools that are used within the automated

decision-making tool; and

(ii) the design and training data used to develop the automated

decision-making tool process;

(d) testing for:

(i) accuracy, fairness, bias and discrimination, and an assessment of

whether the use of the automated decision-making tool produces

discriminatory results on the basis of a consumer's or a class of

consumers' actual or perceived race, color, ethnicity, religion,

national origin, sex, gender, gender identity, sexual orientation,

familial status, biometric information, lawful source of income, or

disability and outlines mitigations for any identified performance

differences in outcomes across relevant groups impacted by such use;

(ii) any cybersecurity vulnerabilities and privacy risks resulting

from the deployment and use of the automated decision-making tool, and

the development or existence of safeguards to mitigate the risks;

(iii) any public health or safety risks resulting from the deployment

and use of the automated decision-making tool;

(iv) any reasonably foreseeable misuse of the automated

decision-making tool and the development or existence of safeguards

against such misuse;

(e) the extent to which the deployment and use of the automated

decision-making tool requires input of sensitive and personal data, how

that data is used and stored, and any control users may have over their

data; and

(f) the notification mechanism or procedure, if any, by which

individuals impacted by the utilization of the automated decision-making

tool may be notified of the use of such automated decision-making tool

and of the individual's personal data, and informed of their rights and

options relating to such use.

2. Notwithstanding the provisions of this article or any other law, if

an impact assessment finds that the automated decision-making tool

produces discriminatory or biased outcomes, the government agency shall

cease any utilization, application, or function of such automated

decision-making tool, and of any information produced using such tool.

* NB Repealed July 1, 2028

* § 504. Submission to the governor and legislature. 1. Each impact

assessment conducted pursuant to this article shall be submitted to the

governor, the temporary president of the senate, and the speaker of the

assembly at least thirty days prior to the implementation of the

automated decision-making tool that is the subject of such assessment.

2. (a) The impact assessment of an automated decision-making tool

shall be published on the website of the relevant government agency.

(b) If the government agency makes a determination that the disclosure

of any information required in the impact assessment would result in a

substantial negative impact on health or safety of the public, infringe

upon the privacy rights of individuals, or significantly impair the

government agency's ability to protect its information technology or

operational assets, such government agency may redact such information,

provided that an explanatory statement on the process by which the

government agency made such determination is published along with the

redacted impact assessment.

(c) If the impact assessment covers any automated decision-making tool

that includes technology that is used to prevent, detect, protect

against or respond to security incidents, identity theft, fraud,

harassment, malicious or deceptive activities or other illegal activity,

preserve the integrity or security of tools, or to investigate, report

or prosecute those responsible for any such malicious or deceptive

action, such government agency may redact such information for the

purposes of this subdivision, provided that an explanatory statement on

the process by which the government agency made such determination is

published along with the redacted impact assessment.

* NB Repealed July 1, 2028