N.Y. GBS Law § 399-DD*3 — New York Code / Act GBS / Article 26 / Section 399-DD*3
Consumer communications records privacy
Status: in_force

* § 399-dd. Consumer communications records privacy. 1. For purposes\nof this section, the following terms shall have the following meanings:\n  (a) "telephone record" means information retained by a telephone\ncompany that relates to the telephone number dialed from the telephone\nof a customer or the incoming number of a call directed to the telephone\nof a customer, the content of alphanumerical messages sent to or from a\ntelephone or other data related to such calls typically contained on a\ntelephone bill of a customer including but not limited to the time the\ncall started and ended, the duration of the call, the time of day the\ncall was made and any charges applied, provided, however, that\ninformation commonly known as caller identification or caller ID\ninformation transmitted to or retained by the recipient of a call shall\nnot constitute a telephone record;\n  (b) "telephone company" means any person, firm, partnership,\nassociation, limited liability company, corporation, trust, business or\nother entity that provides commercial or residential telephone services\nto a customer, irrespective of the communications technology used to\nprovide such service, including, but not limited to, traditional\nwireline or cable telephone service; cellular, broadband PCS, or other\nwireless telephone service; microwave, satellite, or other terrestrial\ntelephone service; and voice over Internet telephone service;\n  (c) "telephone" means any device used by a person for voice\ncommunications, in connection with the services of a telephone company,\nwhether such voice communications are transmitted in analog, data, or\nany other form;\n  (d) "customer" means the person who subscribes to telephone service\nfrom a telephone company or in whose name such telephone service is\nlisted; and\n  (e) "procure" in regard to such a telephone record means to obtain by\nany means, whether electronically, in writing or in oral form, with or\nwithout consideration.\n  2. No person, firm, partnership, association, limited liability\ncompany, corporation, trust, business or other entity shall knowingly\nand intentionally procure, attempt to procure, solicit or conspire with\nanother to procure, offer for sale, sell or fraudulently transfer or use\nor attempt to sell or fraudulently transfer or use, telephone record\ninformation from a telephone company, without written authorization from\nthe customer to whom such telephone record information relates except as\notherwise provided for by applicable law. Nothing in this section shall\nbe construed so as to prevent any action pursuant to a subpoena or by a\nlaw enforcement agency, or any officer, employee, or agent of such\nagency, to obtain telephone record information from a telephone company\nin connection with the performance of the official duties thereof, in\naccordance with other applicable laws.\n  3. (a) Whenever the attorney general shall believe from evidence\nsatisfactory to him or her that there is a violation of this section, he\nor she may bring an action in the name and on behalf of the people of\nthe state of New York, in a court of competent jurisdiction to enjoin\nand restrain the continuation of such violation. In such action,\npreliminary relief may be granted under article sixty-three of the civil\npractice law and rules. In such action, the court may award reasonable\nattorney's fees and damages for actual costs or losses incurred by a\ncustomer whose telephone records were sold or fraudulently transferred\nor were attempted to be sold or fraudulently transferred. Whenever the\ncourt shall determine in such action that a person or business violated\nthis section, the court may impose a civil penalty of one thousand\ndollars per violation.\n  (b) The remedies provided by this section shall be in addition to any\nother lawful remedy available.\n  (c) No action may be brought under the provisions of this section\nunless such action is commenced within two years immediately after the\ndate of the act complained of or the date of discovery of such act.\n  * NB There are 3 § 399-dd's\n