S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2517--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  civil rights law, in relation to regulating the
  collection, recording and disclosing of  confidential  information  by
  state  employees obtained by state employees in the course of official
  duties

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  civil  rights law is amended by adding a new section
50-f to read as follows:
  S 50-F. DISCLOSURE OF CONFIDENTIAL INFORMATION BY STATE EMPLOYEES.  1.
DEFINITIONS.  AS USED IN THIS SECTION, "CONFIDENTIAL INFORMATION"  MEANS
ANY  INFORMATION  MAINTAINED  OR  OBTAINED BY A STATE AGENCY, OFFICER OR
EMPLOYEE CONCERNING AN INDIVIDUAL'S HEALTH OR DISABILITY STATUS,  INCOME
TAX  RECORDS,  SEXUAL  ORIENTATION,  STATUS  AS  A  VICTIM  OF  DOMESTIC
VIOLENCE, STATUS AS A CRIME VICTIM OR WITNESS, PUBLIC ASSISTANCE STATUS,
IMMIGRATION STATUS OR ANY INFORMATION THAT IS OTHERWISE  PROTECTED  FROM
DISCLOSURE  BY  ANY  PROVISION OF FEDERAL, STATE OR LOCAL LAW; AND "LINE
WORKER" MEANS ANY PERSON EMPLOYED  BY  ANY  STATE  AGENCY  WHOSE  DUTIES
INVOLVE CONTACT WITH THE PUBLIC.
  2. PROCEDURE FOR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
  A.  EXCEPT  AS  PROVIDED  IN PARAGRAPH B OF THIS SUBDIVISION, NO STATE
OFFICER OR EMPLOYEE SHALL DISCLOSE CONFIDENTIAL  INFORMATION  TO  ANYONE
EXCEPT  ANOTHER  STATE OFFICER OR EMPLOYEE ACTING IN THE SCOPE OF HIS OR
HER OFFICIAL DUTIES.
  B. OTHER THAN AS PROVIDED IN PARAGRAPH A OF THIS  SUBDIVISION,  CONFI-
DENTIAL INFORMATION MAY BE DISCLOSED ONLY IF:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00075-03-0

              

S. 2517--A                          2

  (I)  THE OFFICER'S OR EMPLOYEE'S AGENCY IS REQUIRED BY LAW TO DISCLOSE
SUCH CONFIDENTIAL INFORMATION AND PROVIDED THAT SUCH DISCLOSURE SHALL BE
LIMITED TO THAT REQUIRED BY LAW; OR
  (II)  THE OFFICER'S OR EMPLOYEE'S AGENCY HAS BEEN AUTHORIZED, IN WRIT-
ING SIGNED BY THE INDIVIDUAL OR, IF THE INDIVIDUAL IS A MINOR OR  OTHER-
WISE INCOMPETENT, SUCH AUTHORIZATION HAS BEEN SIGNED BY THE INDIVIDUAL'S
PARENT OR LEGAL GUARDIAN, TO DISCLOSE SUCH CONFIDENTIAL INFORMATION, AND
PROVIDED  THAT  THE  DISCLOSURE  SHALL  BE LIMITED TO THAT AUTHORIZED IN
WRITING BY THE INDIVIDUAL; OR
  (III) THERE IS REASONABLE SUSPICION OR PROBABLE CAUSE TO BELIEVE  THAT
A  PERSON  IS ENGAGING IN CRIMINAL ACTIVITY AND THE DISCLOSURE OF CONFI-
DENTIAL INFORMATION IS NECESSARY TO COOPERATE  WITH  A  LAW  ENFORCEMENT
AGENCY OR AGENCIES INVESTIGATING THAT CRIMINAL ACTIVITY; OR
  (IV)  SUCH  CONFIDENTIAL INFORMATION IS TO BE USED BY A FEDERAL, STATE
OR LOCAL GOVERNMENT AGENCY, AND SOLELY  FOR  THE  PURPOSE  OF  COMPILING
STATISTICAL  INFORMATION,  PROVIDED THAT THE DISCLOSURE SHALL BE LIMITED
TO THAT NECESSARY TO COMPILE SUCH STATISTICAL INFORMATION, AND  PROVIDED
FURTHER  THAT  THE  RECIPIENT  OF THE INFORMATION ENSURES, IN WRITING IN
ADVANCE OF ANY DISCLOSURE, THAT THE CONFIDENTIAL  INFORMATION  DISCLOSED
WILL NOT BE FURTHER DISCLOSED TO ANY OTHER AGENCY OR OTHER INDIVIDUAL.
  3.  PROCEDURE  FOR  THE  COLLECTING  AND/OR  RECORDING OF CONFIDENTIAL
INFORMATION. THIS SUBDIVISION SHALL APPLY TO  ANY  DOCUMENTATION,  QUES-
TIONNAIRE, INTERVIEW SHEET OR OTHER FORM USED IN RELATION TO BENEFITS OR
SERVICES PROVIDED BY THE STATE.
  A.  NO STATE OFFICER OR EMPLOYEE SHALL MAKE INQUIRIES REGARDING CONFI-
DENTIAL INFORMATION OF ANY INDIVIDUAL, WHEN SUCH INDIVIDUAL, ON  HIS  OR
HER  BEHALF OR ON BEHALF OF ANOTHER, IS APPLYING FOR OR IS RECEIVING ANY
SERVICE OR BENEFIT PROVIDED  BY  THE  STATE,  UNLESS  SUCH  CONFIDENTIAL
INFORMATION IS SPECIFICALLY REQUIRED BY FEDERAL OR STATE LAW AS A CONDI-
TION OF RECEIPT OF SUCH SERVICE OR BENEFIT.
  B.  IF CONFIDENTIAL INFORMATION IS REQUIRED BY FEDERAL OR STATE LAW AS
A CONDITION OF RECEIPT OF A SERVICE OR BENEFIT PROVIDED  BY  THE  STATE,
THE  STATE OFFICER OR EMPLOYEE SHALL MAKE ONLY THOSE INQUIRIES NECESSARY
TO DETERMINE IF AN APPLICANT OR RECIPIENT IS QUALIFIED FOR AND OTHERWISE
MEETS THE CONDITIONS FOR RECEIPT OF SUCH SERVICE OR BENEFIT.
  C. NO STATE OFFICER OR EMPLOYEE SHALL COLLECT AND/OR  RECORD  INFORMA-
TION  REGARDING  THE IMMIGRATION STATUS OF AN APPLICANT FOR OR RECIPIENT
OF ANY SERVICE OR BENEFIT UNLESS SUCH IMMIGRATION STATUS IS REQUIRED  BY
FEDERAL  OR STATE LAW. WHERE FEDERAL OR STATE LAW REQUIRES THE RECORDING
OF SUCH CONFIDENTIAL IMMIGRATION STATUS INFORMATION, ONLY THAT  INFORMA-
TION SPECIFICALLY REQUIRED SHALL BE RECORDED.
  4.  DESIGNATION  OF  ACCESS  OFFICER  RESPONSIBLE  FOR AUTHORIZING THE
RELEASE OF CONFIDENTIAL INFORMATION. THE HEAD OR GOVERNING BODY OF  EACH
AGENCY  SHALL  DESIGNATE ONE OR MORE PERSONS WITH SUPERVISORY AUTHORITY,
AND ASSIGN TO SUCH PERSONS THE FURTHER AUTHORITY TO APPROVE AND  AUTHOR-
IZE  THE  RELEASE  OF  CONFIDENTIAL  INFORMATION.  THE DESIGNATION SHALL
INCLUDE THE NAME, SPECIFIC JOB  TITLE,  TELEPHONE  NUMBER  AND  BUSINESS
ADDRESS  OF  EACH  SUCH  DESIGNATED  ACCESS  OFFICER. WHEN APPROVING AND
AUTHORIZING THE RELEASE OF CONFIDENTIAL INFORMATION, A DESIGNATED ACCESS
OFFICER SHALL SPECIFY,  IN  WRITING,  THE  SPECIFIC  INFORMATION  TO  BE
DISCLOSED,  AND THE PERSONS OR ENTITIES TO WHOM SUCH DISCLOSURE SHALL BE
MADE. THE DESIGNATED ACCESS OFFICER SHALL ENSURE THAT ANY DISCLOSURE  IS
AUTHORIZED BY LAW AND WITHIN THE LIMITS AS PROVIDED BY LAW.
  5.  DISCLOSURE  BY  LINE  WORKERS OF CONFIDENTIAL INFORMATION. NO LINE
WORKER EMPLOYED BY A STATE AGENCY SHALL DISCLOSE  CONFIDENTIAL  INFORMA-
TION  WITHOUT  OBTAINING PRIOR WRITTEN APPROVAL FROM A DESIGNATED ACCESS

S. 2517--A                          3

OFFICER RESPONSIBLE FOR APPROVING AND AUTHORIZING THE RELEASE OF  CONFI-
DENTIAL INFORMATION FOR THAT AGENCY.
  6.    PENALTIES  FOR  UNAUTHORIZED  DISCLOSURE.  ANY  STATE OFFICER OR
EMPLOYEE WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO
A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS. ANY STATE OFFICER  OR
EMPLOYEE  SHALL  BE  SUBJECT  TO  A  FINE  OF NOT LESS THAN FIVE HUNDRED
DOLLARS FOR EACH VIOLATION  OCCURRING  WITHIN  FIVE  YEARS  OF  A  PRIOR
VIOLATION.
  7.  OTHER  LAWS  RESPECTING  CONFIDENTIALITY.  NOTHING IN THIS SECTION
SHALL BE DEEMED TO REDUCE OR ABRIDGE ANY OTHER  PROTECTION  IN  FEDERAL,
STATE OR LOCAL LAW RESPECTING THE CONFIDENTIALITY OF INFORMATION.
  8. SEVERABILITY. IF ANY SUBDIVISION, SENTENCE, CLAUSE, PHRASE OR OTHER
PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED UNCONSTITUTIONAL OR
INVALID,  IN  WHOLE  OR IN PART, BY ANY COURT OF COMPETENT JURISDICTION,
SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH UNCONSTITUTIONALITY  OR
INVALIDITY  SHALL  NOT  AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF
THIS SECTION, WHICH REMAINING PORTIONS SHALL CONTINUE IN FULL FORCE  AND
EFFECT.
  S 2.  Section 51 of the civil rights law, as amended by chapter 674 of
the laws of 1995, is amended to read as follows:
  S  51.  Action  for  injunction and for damages.   1. Any person whose
name, portrait, picture or voice is used within this state for advertis-
ing purposes or for the purposes of trade without  the  written  consent
first obtained as above provided may maintain an equitable action in the
supreme  court  of this state against the person, firm or corporation so
using his name, portrait, picture or voice, to prevent and restrain  the
use  thereof;  and  may  also  sue  and recover damages for any injuries
sustained by reason of such use and if the defendant shall have knowing-
ly used such person's name, portrait, picture or voice in such manner as
is forbidden or declared to be unlawful by section fifty of  this  arti-
cle, the jury, in its discretion, may award exemplary damages. But noth-
ing  contained  in  this article shall be so construed as to prevent any
person, firm or corporation from selling or otherwise  transferring  any
material  containing  such  name, portrait, picture or voice in whatever
medium to any user of such name, portrait, picture or voice, or  to  any
third  party for sale or transfer directly or indirectly to such a user,
for use in a manner lawful under this article; nothing contained in this
article shall be so construed as to prevent any person, firm  or  corpo-
ration,  practicing the profession of photography, from exhibiting in or
about his or its establishment specimens of the work of such  establish-
ment,  unless  the same is continued by such person, firm or corporation
after written notice objecting thereto has  been  given  by  the  person
portrayed;  and  nothing contained in this article shall be so construed
as to prevent any person, firm  or  corporation  from  using  the  name,
portrait,  picture  or voice of any manufacturer or dealer in connection
with the goods, wares and merchandise manufactured, produced or dealt in
by him which he has sold  or  disposed  of  with  such  name,  portrait,
picture  or  voice used in connection therewith; or from using the name,
portrait, picture  or  voice  of  any  author,  composer  or  artist  in
connection  with  his literary, musical or artistic productions which he
has sold or disposed of with such name, portrait, picture or voice  used
in  connection  therewith.    Nothing contained in this section shall be
construed to prohibit the copyright owner  of  a  sound  recording  from
disposing  of,  dealing in, licensing or selling that sound recording to
any party, if the right to dispose of, deal in,  license  or  sell  such
sound recording has been conferred by contract or other written document

S. 2517--A                          4

by  such living person or the holder of such right. Nothing contained in
the foregoing sentence shall be deemed to abrogate  or  otherwise  limit
any rights or remedies otherwise conferred by federal law or state law.
  2.  A.    ANY  PERSON  WHOSE CONFIDENTIAL INFORMATION WAS DISCLOSED IN
VIOLATION OF SECTION FIFTY-F OF THIS ARTICLE MAY MAINTAIN  AN  EQUITABLE
ACTION  IN  THE  SUPREME COURT OF THIS STATE AGAINST THE PERSON, FIRM OR
CORPORATION SO DISCLOSING SUCH CONFIDENTIAL INFORMATION, TO PREVENT  AND
RESTRAIN THE USE THEREOF.
  B.  IN ADDITION TO SUING FOR INJUNCTIVE RELIEF PURSUANT TO PARAGRAPH A
OF THIS SUBDIVISION, A PERSON MAY INSTITUTE A CIVIL ACTION  AGAINST  THE
PERSON,  FIRM, OR CORPORATION SO DISCLOSING THE CONFIDENTIAL INFORMATION
FOR THE GREATER OF HIS OR HER ACTUAL DAMAGES OR ONE THOUSAND DOLLARS. IN
ADDITION TO ANY MONETARY AWARD, AN AGGRIEVED INDIVIDUAL IS  ENTITLED  TO
COSTS AND HIS OR HER ACTUAL ATTORNEYS' FEES.
  S 3. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2517--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the civil rights law,  in  relation  to  regulating  the
  collection,  recording  and  disclosing of confidential information by
  state employees obtained by state employees in the course of  official
  duties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil rights law is amended by  adding  a  new  section
50-f to read as follows:
  S 50-F. DISCLOSURE OF CONFIDENTIAL INFORMATION BY STATE EMPLOYEES.  1.
DEFINITIONS.   AS USED IN THIS SECTION, "CONFIDENTIAL INFORMATION" MEANS
ANY INFORMATION MAINTAINED OR OBTAINED BY A STATE AGENCY, STATE  OFFICER
OR  STATE  EMPLOYEE  CONCERNING  AN  INDIVIDUAL'S  HEALTH  OR DISABILITY
STATUS, INCOME TAX RECORDS, SEXUAL ORIENTATION, STATUS AS  A  VICTIM  OF
DOMESTIC  VIOLENCE,  STATUS AS A CRIME VICTIM OR WITNESS, PUBLIC ASSIST-
ANCE STATUS, IMMIGRATION STATUS OR ANY  INFORMATION  THAT  IS  OTHERWISE
PROTECTED  FROM  DISCLOSURE  BY ANY PROVISION OF FEDERAL, STATE OR LOCAL
LAW.
  2. PROCEDURE FOR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
  A. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, NO
STATE OFFICER OR STATE EMPLOYEE SHALL DISCLOSE CONFIDENTIAL  INFORMATION
TO  ANYONE  EXCEPT ANOTHER STATE OFFICER OR STATE EMPLOYEE ACTING IN THE
SCOPE OF HIS OR HER OFFICIAL DUTIES.
  B. CONFIDENTIAL INFORMATION MAY BE DISCLOSED BY  A  STATE  OFFICER  OR
STATE EMPLOYEE ONLY IF:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00075-05-0

              

S. 2517--B                          2

  (I) THE STATE AGENCY EMPLOYING SUCH OFFICER OR EMPLOYEE IS REQUIRED BY
LAW  TO  DISCLOSE  SUCH  CONFIDENTIAL INFORMATION AND PROVIDED THAT SUCH
DISCLOSURE IS LIMITED TO THAT REQUIRED BY LAW; OR
  (II)  THE  STATE  AGENCY  EMPLOYING  SUCH OFFICER OR EMPLOYEE HAS BEEN
AUTHORIZED, IN WRITING SIGNED BY THE INDIVIDUAL OR, IF THE INDIVIDUAL IS
A MINOR OR OTHERWISE INCOMPETENT, SIGNED BY THE INDIVIDUAL'S  PARENT  OR
LEGAL  GUARDIAN, TO DISCLOSE SUCH CONFIDENTIAL INFORMATION, AND PROVIDED
THAT THE DISCLOSURE IS LIMITED TO THAT  AUTHORIZED  IN  WRITING  BY  THE
INDIVIDUAL; OR
  (III) THE DISCLOSURE OF CONFIDENTIAL INFORMATION IS NECESSARY TO COOP-
ERATE WITH A LAW ENFORCEMENT AGENCY OR AGENCIES INVESTIGATING THAT CRIM-
INAL ACTIVITY.
  3.  PROCEDURE  FOR  COLLECTING AND RECORDING CONFIDENTIAL INFORMATION.
THIS SUBDIVISION SHALL APPLY TO ANY DOCUMENTATION, QUESTIONNAIRE, INTER-
VIEW SHEET OR OTHER OFFICIAL FORM USED TO APPLY FOR OR OTHERWISE  ACCESS
BENEFITS OR SERVICES PROVIDED BY THE STATE.
  A.  NO  STATE  OFFICER  OR STATE EMPLOYEE SHALL MAKE INQUIRY REGARDING
COLLECTING OR RECORDING OF CONFIDENTIAL INFORMATION OF  ANY  INDIVIDUAL,
WHEN  SUCH  INDIVIDUAL, ON HIS OR HER BEHALF OR ON BEHALF OF ANOTHER, IS
APPLYING FOR OR IS RECEIVING ANY SERVICE  OR  BENEFIT  PROVIDED  BY  THE
STATE,  UNLESS SUCH CONFIDENTIAL INFORMATION IS SPECIFICALLY REQUIRED BY
FEDERAL OR STATE LAW TO BE PROVIDED AS A CONDITION OF  RECEIPT  OF  SUCH
SERVICE OR BENEFIT.
  B.  IF CONFIDENTIAL INFORMATION IS REQUIRED BY FEDERAL OR STATE LAW TO
BE PROVIDED AS A CONDITION OF RECEIPT OF A SERVICE OR  BENEFIT  PROVIDED
BY  THE  STATE,  THE  STATE  OFFICER  OR  EMPLOYEE SHALL MAKE ONLY THOSE
INQUIRIES NECESSARY TO DETERMINE IF AN APPLICANT OR RECIPIENT IS  QUALI-
FIED  FOR AND OTHERWISE MEETS THE CONDITIONS FOR RECEIPT OF SUCH SERVICE
OR BENEFIT.
  4. PENALTIES FOR UNAUTHORIZED DISCLOSURE. ANY STATE OFFICER OR EMPLOY-
EE WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL  BE  SUBJECT  TO  A
FINE OF NOT LESS THAN ONE HUNDRED DOLLARS. ANY STATE OFFICER OR EMPLOYEE
SHALL  BE  SUBJECT  TO A FINE OF NOT LESS THAN THREE HUNDRED DOLLARS FOR
EACH VIOLATION OCCURRING WITHIN FIVE YEARS OF A PRIOR VIOLATION.
  5. OTHER LAWS RESPECTING  CONFIDENTIALITY.  NOTHING  IN  THIS  SECTION
SHALL  BE  DEEMED  TO  LIMIT,  ABRIDGE  OR  OTHERWISE  AFFECT  ANY OTHER
PROTECTION IN FEDERAL, STATE OR LOCAL LAW RESPECTING THE CONFIDENTIALITY
OF INFORMATION.
  6. SEVERABILITY. IF ANY SUBDIVISION, SENTENCE, CLAUSE, PHRASE OR OTHER
PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED UNCONSTITUTIONAL OR
INVALID, IN WHOLE OR IN PART, BY ANY COURT  OF  COMPETENT  JURISDICTION,
SUCH  PORTION SHALL BE DEEMED SEVERABLE, AND SUCH UNCONSTITUTIONALITY OR
INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE  REMAINING  PORTIONS  OF
THIS  SECTION, WHICH REMAINING PORTIONS SHALL CONTINUE IN FULL FORCE AND
EFFECT.
  S 2.  Section 51 of the civil rights law, as amended by chapter 674 of
the laws of 1995, is amended to read as follows:
  S 51. Action for injunction and for damages.    1.  Any  person  whose
name, portrait, picture or voice is used within this state for advertis-
ing  purposes  or  for the purposes of trade without the written consent
first obtained as above provided may maintain an equitable action in the
supreme court of this state against the person, firm or  corporation  so
using  his name, portrait, picture or voice, to prevent and restrain the
use thereof; and may also sue  and  recover  damages  for  any  injuries
sustained by reason of such use and if the defendant shall have knowing-
ly used such person's name, portrait, picture or voice in such manner as

S. 2517--B                          3

is  forbidden  or declared to be unlawful by section fifty of this arti-
cle, the jury, in its discretion, may award exemplary damages. But noth-
ing contained in this article shall be so construed as  to  prevent  any
person,  firm  or corporation from selling or otherwise transferring any
material containing such name, portrait, picture or  voice  in  whatever
medium  to  any user of such name, portrait, picture or voice, or to any
third party for sale or transfer directly or indirectly to such a  user,
for use in a manner lawful under this article; nothing contained in this
article  shall  be so construed as to prevent any person, firm or corpo-
ration, practicing the profession of photography, from exhibiting in  or
about  his or its establishment specimens of the work of such establish-
ment, unless the same is continued by such person, firm  or  corporation
after  written  notice  objecting  thereto  has been given by the person
portrayed; and nothing contained in this article shall be  so  construed
as  to  prevent  any  person,  firm  or corporation from using the name,
portrait, picture or voice of any manufacturer or dealer  in  connection
with the goods, wares and merchandise manufactured, produced or dealt in
by  him  which  he  has  sold  or  disposed of with such name, portrait,
picture or voice used in connection therewith; or from using  the  name,
portrait,  picture  or  voice  of  any  author,  composer  or  artist in
connection with his literary, musical or artistic productions  which  he
has  sold or disposed of with such name, portrait, picture or voice used
in connection therewith.   Nothing contained in this  section  shall  be
construed  to  prohibit  the  copyright  owner of a sound recording from
disposing of, dealing in, licensing or selling that sound  recording  to
any  party,  if  the  right to dispose of, deal in, license or sell such
sound recording has been conferred by contract or other written document
by such living person or the holder of such right. Nothing contained  in
the  foregoing  sentence  shall be deemed to abrogate or otherwise limit
any rights or remedies otherwise conferred by federal law or state law.
  2. A.   ANY PERSON WHOSE CONFIDENTIAL  INFORMATION  WAS  DISCLOSED  IN
VIOLATION  OF  SECTION FIFTY-F OF THIS ARTICLE MAY MAINTAIN AN EQUITABLE
ACTION IN THE SUPREME COURT OF THIS STATE AGAINST THE PERSON OR PERSONS,
FIRM OR CORPORATION DIRECTLY RESPONSIBLE FOR DISCLOSING  SUCH  CONFIDEN-
TIAL INFORMATION, TO PREVENT AND RESTRAIN THE USE THEREOF.
  B.  IN ADDITION TO SUING FOR INJUNCTIVE RELIEF PURSUANT TO PARAGRAPH A
OF THIS SUBDIVISION, AN AGGRIEVED PARTY MAY  INSTITUTE  A  CIVIL  ACTION
AGAINST THE PERSON OR PERSONS, FIRM, OR CORPORATION DIRECTLY RESPONSIBLE
FOR  DISCLOSING  THE  CONFIDENTIAL INFORMATION FOR THE GREATER OF HIS OR
HER ACTUAL DAMAGES OR ONE THOUSAND DOLLARS. IN ADDITION TO ANY  MONETARY
AWARD, AN AGGRIEVED INDIVIDUAL IS ENTITLED TO COSTS AND HIS OR HER ACTU-
AL ATTORNEYS' FEES.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.