S T A T E O F N E W Y O R K
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2517--A
2009-2010 Regular Sessions
I N S E N A T E
February 23, 2009
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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.
