S 8103: Requires the department of financial services to comply with the provisions of Executive Order 95 of 2013, "Using Technology to Promote Transparency, Improve Government Performance and Enhance Citizen Engagement", and to provide the New York state office of information technology services and the legislature certain necessary data.

  
  STATE OF NEW YORK ________________________________________________________________________ 8103 2025-2026 Regular Sessions  IN SENATE May 15, 2025 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Banks AN ACT to amend the financial services law, in relation to enacting the "department of financial services open data act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "department 2 of financial services open data act". 3 § 2. Legislative findings. The legislature finds that the release of 4 data, in a format that is easily accessible, understandable and usable 5 by the public, can increase civic engagement with government. In addi- 6 tion, in a department providing a public service and operating an enter- 7 prise as vital as that of the Department of Financial Services, trans- 8 parency in data is in the public's best interest. It is the intent of 9 the legislature that the department and its subsidiaries release as much 10 data as is feasible in open formats, so that the public can access that 11 data, analyze it, and engage with the department with suggestions and 12 solutions to improve its operations. 13 § 3. The financial services law is amended by adding a new section 208 14 to read as follows: 15 § 208. Open data reporting. (a) The department shall fully comply with 16 the provisions of Executive Order 95 of 2013, "Using Technology to 17 Promote Transparency, Improve Government Performance and Enhance Citizen 18 Engagement", and shall provide the New York state office of information 19 technology services and the legislature all data as defined in 20 subsection (b) of this section. 21 (b) For the purposes of this section, the following terms shall have 22 the following meanings: 23 (1) "open data website" shall mean the website data.ny.gov or such 24 other successor website maintained by, or on behalf of, the state, as 25 deemed appropriate by the New York state office of information technolo- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13141-01-5 
 S. 8103 2 1 gy services under Executive Order 95 of 2013, or any successor agency or 2 order; 3 (2) "data" shall mean final versions of statistical or factual infor- 4 mation that: (i) are in alphanumeric form reflected in a list, table, 5 graph, chart or other non-narrative form, that can be digitally trans- 6 mitted or processed; (ii) are regularly created or maintained by or on 7 behalf of the department and are controlled by the same department; and 8 (iii) record a measurement, transaction or determination related to the 9 mission of the department. The term "data" shall not include image 10 files, such as designs, drawings, photos or scanned copies of original 11 documents; provided, however, that the term "data" shall include statis- 12 tical or factual information about image files and geographic informa- 13 tion system data; 14 (3) "data set" shall mean a named collection of related records main- 15 tained on a storage device, with the collection containing data organ- 16 ized or formatted in a specific or prescribed way, often in tabular 17 form; and 18 (4) "publishable DFS data" shall mean data that is collected by the 19 department where the department is permitted, required or able to make 20 the data available to the public, consistent with any and all applicable 21 laws, rules, regulations, ordinances, resolutions, policies or other 22 restrictions, requirements or rights associated with the data, including 23 but not limited to contractual or other legal orders, restrictions or 24 requirements. Data shall not be publishable DFS data if making such data 25 available on the open data website would violate statute or regulation, 26 including, but not limited to, disclosures that would constitute an 27 unwarranted invasion of personal privacy, endanger the public health, 28 safety or welfare, hinder the operation of government, including crimi- 29 nal and civil investigations, or impose an undue financial, operational 30 or administrative burden on the the department or its subsidiaries or 31 affiliates. 32 (c) As required by Executive Order 95 of 2013, the department shall 33 designate a data coordinator, who shall: 34 (1) have authority equivalent to that of a deputy commissioner or the 35 head of a division or bureau of the department; 36 (2) have knowledge of data and resources in use by the department; and 37 (3) be responsible for the compliance of the department, its subsid- 38 iaries and affiliates with the order. 39 (d) The department and its subsidiaries and affiliates shall make 40 their publishable DFS data available on its website and the open data 41 website as follows: 42 (1) the department shall create a catalogue of publishable DFS data 43 within one hundred eighty days of the effective date of this section; 44 (2) the department shall within one hundred eighty days of the effec- 45 tive date of this section, submit to the legislature and publish on its 46 shared internet website a schedule for making its publishable DFS data 47 publicly available. Such schedule shall provide for updating the data 48 catalogue as appropriate; and 49 (3) the department shall create schedules for publishing all publisha- 50 ble DFS data within three years of the effective date of this section. 51 (e) The department shall not be prevented from publishing data in 52 advance of the dates set in their schedules. 53 § 4. This act shall take effect immediately.