New York’s Information Security Breach and Notification Act (ISBNA)

In this guide:

Key provisions of the ISBNA

New York State created the Information Security Breach and Notification Act (ISBNA) to protect the personal data of its residents. The Act plays a pivotal role in safeguarding sensitive information and ensuring that individuals are promptly informed in the event of a data breach, especially with the recent amendments added in the SHIELD Act for New York State residents to expand the definition of private information and what constitutes a security breach.

Specifically, the ISBNA obligates businesses to secure consumers’ personal data and notify individuals when their personal information is compromised. Key provisions include:

• Coverage of computerized personal information that contains any combination of first and last name, Social Security number (SSN), driver’s license number, account number or credit/debit card number.
• Clearly defined parameters asserting the law is triggered in any instance where a person has acquired computerized data with personal information without valid authorization.
• Details for businesses to assess if information has been acquired without valid authorization, ensuring organizations are only collecting data in good faith.
• Assertion of when businesses need to disclose a data breach, which must be made in the most expedient time possible and without unreasonable delay upon determination of an incident. (Unless law enforcement requires a delayed notification directly as part of a criminal investigation.)
• Mandates for how a business must disclose a data breach and what information must be contained in the notice for New York residents, along with the applicable agencies and state entities.

The ISBNA is the cornerstone of External Data Privacy rights in New York State. It places the responsibility squarely on organizations to protect the personal information they collect and maintain. This is particularly relevant in today’s interconnected world, where data breaches can have far-reaching consequences, including identity theft and financial fraud. By holding organizations accountable and ensuring swift notification, ISBNA starts to offer basic data privacy protections to consumers.

In an era where cyberattacks are on the rise, and hackers are becoming increasingly sophisticated, the need for robust cybersecurity measures is paramount. ISBNA acts as a beacon of protection, guiding organizations in their efforts to fortify their defenses and respond effectively in the event of a breach.

Source: New York Department of State

Maintain business compliance

The ISBNA has far-reaching implications for businesses operating within the state. Mentioned above, it requires businesses to take effective actions to proactively protect personal and private data. If a breach does occur, then a business is legally obligated to notify consumers and the appropriate legal groups to declare it publicly.

There are a few implications for businesses as a result:

• Increased Compliance Burden: Businesses need to invest in robust data security measures to ensure compliance with ISBNA. This may involve significant financial and operational adjustments, especially for small and medium-sized enterprises.
• Data Mapping and Inventory: To comply with ISBNA, businesses must have a clear understanding of the types of data they collect, process and store. This requires data mapping and inventory procedures, which can be a complex and time-consuming process.
• Data Breach Response Plans: Organizations must develop and regularly update data breach response plans to meet the 45-day notification requirement. These plans should include plans for investigating breaches, notifying affected parties, and cooperating with government authorities.
• Vendor Management: Businesses must scrutinize the data security practices of third-party service providers and ensure they are in compliance with ISBNA. This may require renegotiating contracts and establishing clear security expectations.
• Costs of Non-Compliance: Non-compliance with ISBNA can result in substantial fines, damage to reputation, and potential legal actions, so businesses must carefully review their plans and processes to ensure compliance is consistently maintained.

Businesses operating in New York state must adapt to these provisions to avoid potential fines, reputation damage, and legal consequences. By proactively addressing data security, developing robust policies and procedures, and staying informed about evolving regulations, businesses can not only comply with ISBNA but also enhance their overall cybersecurity posture, thereby protecting their customers and interests in an increasingly digital world.

Get Privacy Bee today

Regaining your External Data Privacy should be a top priority for both consumers and businesses. In today’s digital landscape, it’s simply inadequate to rely solely on reactive cybersecurity measures if you want to mitigate the risks associated with identity theft and large-scale data breaches. What’s needed to effectively close the data protection gap is a proactive approach to data management.

Privacy Bee, with your authorization, actively works to limit the exposure of your personal information and that of your family. From a business standpoint, this extends to your employees and customers who trust your organization to safeguard their personal data. Our exhaustive data monitoring service covers the vast expanse of the internet, including the elusive dark web, to significantly reduce the attack surface that cybercriminals can exploit. By enlisting a professional service to monitor all the places where sensitive data is currently exposed, automatically manage deletion requests, and craft persuasive messages to encourage businesses to comply, you can have peace of mind knowing that the important people in your life are protected.

The proliferation of Data Brokers and People Search Sites has accelerated the surveillance industry, which now boasts a billion-dollar-plus valuation. These entities profit from handling (and mishandling) private data, transferring it to obscure and uncontrollable parties. The consequences of having your confidential information exposed online are far-reaching and pose substantial risk if it falls into the hands of a cybercriminal. A single incident of identity theft can disrupt months of your life, destroying productivity and peace of mind.

By meticulously identifying every corner of the internet where your data currently resides and promptly working to remove it, Privacy Bee bridges the gap in your data security. It’s essential for businesses to remember that 100% of companies involved in a data breach had cybersecurity measures in place. Today, this is a given, and threat actors have adapted accordingly. With access to new technology, cybercriminals can more effectively scale and customize their attacks than ever before. Instead of waiting for an attack to occur, it’s best to take a proactive stance and remove personal information preemptively.

At Privacy Bee, we firmly believe that data privacy is a fundamental human right. We are committed to assisting individuals and businesses that share this belief and want to regain the ability to navigate the internet without fear of financial ruin.

Privacy Bee protects users against:

• Identity theft
• Data breaches
• Telemarketer calls
• Cyberstalking
• Swatting
• Doxxing
• Blackmail
• Spam

Whether you’re an individual looking to proactively protect yourself and your family, or a business looking to guard employees and customers alike, Privacy Bee is here to give you back control of your private data.