Data Breach Notice to Residents and State Authorities in New York

Short answer An owner or licensee of computerized private information must notify affected New York residents promptly and within 30 days after discovering a qualifying breach, subject to a law-enforcement delay. When residents are notified, it must also notify the Attorney General, Department of State, and State Police without delaying resident notice; a DFS-covered entity also notifies that department. A custodian holding someone else's data must notify the owner or licensee immediately and within 30 days after discovery.
State
New York
Statute checked
October 14, 2026
Sources
4 statutes
Pending legislation could change this.
NY A 1157 (2025-2026) (Referred to Assembly Consumer Affairs and Protection January 7, 2026): Would replace the current 30-day outside resident-notice period with disclosure within five days after breach discovery or notification. track it Status checked November 5, 2026.
NY S 3078 (2025-2026) (Passed Senate and referred to Assembly Consumer Affairs and Protection March 10, 2026): Would add a no-cost offer of at least 12 months of identity-theft prevention and mitigation services to qualifying breach notices. track it Status checked November 5, 2026.
NY S 2152 / A 1374 (2025-2026) (Both re-referred to their respective committees January 7, 2026): Would require certain businesses to offer 24 months of no-cost credit monitoring and identity-theft services after a breach involving Social Security numbers, subject to a hardship route. track it Status checked November 5, 2026.

At a glance

Covered entity and service providerPerson or business owning/licensing computerized private information: resident notice; nonowner custodian: owner/licensee notice immediately and within 30 days (§ 899-aa(2)-(3))
Breach and covered informationUnauthorized access or acquisition of computerized private information; listed identifiers, medical/insurance/biometric data, or online credentials; encryption key compromise counts (§ 899-aa(1))
Risk screen or notice exceptionNarrow inadvertent authorized-person disclosure with no likely misuse or specified harm; written decision kept five years, AG copy within ten days if over 500 residents (§ 899-aa(2)(a))
Individuals who receive noticeNew York residents whose private information was or is reasonably believed accessed or acquired without valid authorization (§ 899-aa(2))
Individual notice deadline and clockMost expedient time possible, without unreasonable delay, within 30 days after discovery; law-enforcement exception (§ 899-aa(2), (4))
Regulator threshold and deadlineAny New York resident notice: AG, Department of State, State Police, and DFS only for a 23 NYCRR 500.1 covered entity; send timing/content/distribution, count, and notice template without delaying residents (§ 899-aa(8)(a))
Consumer-reporting-agency noticeMore than 5,000 New York residents notified at once: tell consumer-reporting agencies timing, content, distribution, and approximate count without delaying residents (§ 899-aa(8)(b))
Individual delivery and contentWriting; express-consent electronic notice with log; logged phone notice; contact and agency resources plus affected-data categories; qualifying substitute route (§ 899-aa(5), (7))
Substitute notice conditions and channelsCost over $250,000, class over 500,000, or insufficient contacts, shown to AG; available email or special credential-account notice, website if maintained, and statewide media together (§ 899-aa(5)(d))
Delays and alternate complianceLaw-enforcement determination that notice impedes criminal investigation; notice after clearance; qualifying federal/state breach notice can replace repeat resident notice while state and agency duties remain (§ 899-aa(2)(b), (4))

Requirements one by one

Breach and covered information

Section 899-aa(1) covers unauthorized access or acquisition of computerized private information. It includes listed identifiers and financial, biometric, medical, insurance, and online-credential combinations. Data can count even when encrypted if the key was also accessed or acquired. An employee's good-faith access for the business is excluded only while the information is not misused or disclosed without authorization.

Resident and custodian clocks

Section 899-aa(2) requires owner or licensee notice in the “most expedient time possible and without unreasonable delay,” with an outside limit of 30 days after discovery unless the law-enforcement exception applies. Under subdivision (3), a custodian that does not own the data tells the owner or licensee immediately and within 30 days after discovering the breach.

State and reporting-agency notices

Under § 899-aa(8)(a), any New York resident notice triggers notice to the Attorney General, Department of State, and State Police. A business covered by 23 NYCRR 500.1 also notifies DFS under that regulation's route. The submission gives timing, content, distribution, approximate affected count, and a copy of the consumer notice template; it must not delay residents. If more than 5,000 New York residents are notified at one time, subdivision (8)(b) adds notice to consumer-reporting agencies.

Delivery and substitute notice

Under § 899-aa(5), notice may be in writing or electronic with express consent and a log, or logged telephone notice. Substitute notice requires a showing to the Attorney General that direct notice would cost over $250,000, the affected class exceeds 500,000, or contact information is insufficient. It then combines available email, a website posting if maintained, and major statewide media. If the breached data includes email plus online-account credentials, the special online account delivery replaces email.

What trips people up

A documented no-harm determination is narrow. Under § 899-aa(2)(a), notice may be withheld only for inadvertent disclosure by an authorized person when misuse or the specified harm is unlikely. The written decision must be retained five years; if more than 500 residents are affected, it goes to the Attorney General within ten days.

The notice letter needs specific information. Under § 899-aa(7), notice requires the sender's contact information, relevant state and federal agency resources, and the categories and elements of information accessed or acquired. The regulator submission's approximate count is a separate item.

Police control the delay. Section 899-aa(4) allows delay when a law- enforcement agency determines notice impedes a criminal investigation. Notice follows after that agency determines it no longer compromises the case.

Common questions

Does another breach-notice law remove the New York reporting duties? A qualifying federal or state notice may replace a second resident notice, but § 899-aa(2)(b) preserves the state-authority and applicable reporting-agency notices.

Does every business report to DFS? No. Section 899-aa(8)(a) limits that recipient to a covered entity under 23 NYCRR 500.1, while the other three state authorities receive notice when New York residents are notified.

Statutes and sources

  • N.Y. Gen. Bus. Law § 899-aa(1)-(5), (7)-(8) — covered data, notice recipients, clocks, exceptions, delivery, and content. https://www.nysenate.gov/legislation/laws/GBS/899-AA (accessed 2026-10-14)

Source links

Every statute quoted above, linked, with the date we checked it.

N.Y. Gen. Bus. Law § 899-aa(1) · accessed 2026-10-14
N.Y. Gen. Bus. Law § 899-aa(5) · accessed 2026-10-14
N.Y. Gen. Bus. Law § 899-aa(7), (8) · accessed 2026-10-14
This page gives general information about state data-breach notice law, not legal advice about an incident. The information involved, number and residence of affected people, the entity's role, dates of discovery and determination, and any law-enforcement request can change the duties and deadlines. Other state, federal, and industry rules may also apply. Check current law and consult qualified counsel before sending a notice.

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