Breach reports (Department of State)

Dear Sam Mellins,
This message confirms receipt of your FOIL request. Your request was received in this office on 5/2/2024 and given the reference number R000604-050224 for tracking purposes. You requested:
We will provide you with an acknowledgment letter within 5 business days. “To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Records of all reports from state entities of data breaches containing private information in the past two years. Such reports/notifications are required to be sent to the Attorney General, NYS OITS, and the Consumer Protection division of the Department of state per section 208 of New York state technology law.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Sam Mellins

Upload documents directly: https://www.muckrock.com/

Sincerely,
NYS Department of State To monitor the progress or update this request please log into the FOIL Records Access Center.

--- Please respond above this line ---
Dear Sam Mellins, This message is in response to your recent Freedom of Information Law request to the New York Department of State in which you seek: “To Whom It May Concern: Pursuant to the New York Freedom of Information Law, I hereby request the following records: Records of all reports from state entities of data breaches containing private information in the past two years. Such reports/notifications are required to be sent to the Attorney General, NYS OITS, and the Consumer Protection division of the Department of state per section 208 of New York state technology law. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires. Sincerely, Sam Mellins Upload documents directly: https://www.muckrock.com/ Pursuant to NY GBL § 899-aa(8)(a), “In the event that any New York residents are to be notified, the person or business shall notify the state attorney general, the department of state and the division of state police as to the timing, content and distribution of the notices and approximate number of affected persons and shall provide a copy of the template of the notice sent to affected persons.” Effective December 6, 2018, the Department entered into a Memorandum of Understanding (MOU # U1001359) with the Office of the Attorney General (OAG) to collect and send security data breach notifications.  As part of that MOU, the OAG is responsible to “[m]aintain the official record of all security breach notifications submitted by the public pursuant to GBL § 899-aa(8)(a), from the Effective Date of this MOU forward. In this capacity as custodian of such official records on behalf of all Parties, and to the extent consistent with Article 6 of the New York Public Officers Law, OAG agrees to receive, process, and be responsible for responding to all public records requests for security breach notifications received after the Effective Date, whether originally addressed to OAG, DOS, and/or NYSP. OAG agrees to designate a contact point at OAG that DOS and NYSP should forward public records requests to in the event either agency receives such requests directly, and OAG will keep DOS and NYSP apprised of the status of, and any response to, public records requests that were addressed originally to each respective agency.” Therefore, the Department certifies it is not in possession of any documents responsive to your request. A request for security data breach notification records for corporate entities may be requested through the OAG portal at - https://ag.ny.gov/internet/data-breach If you believe the Department of State, Division of Consumer Protection failed to locate responsive records, you may submit an appeal by writing to FOIL Appeals, NYS Department of State, One Commerce Plaza 11th Floor, 99 Washington Avenue, Albany, New York 12231-0001, within thirty (30) calendar days of the date of this correspondence. Sincerely, Assistant Records Access Officer New York State, Department of State To monitor the progress or update this request please log into the FOIL Records Access Center