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

                                  6076

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend the public officers law, in relation to requiring the
  retention of all government emails for at least seven  years  for  all
  employees of New York State

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

  Section 1. The public officers law is amended by adding a new  article
3-A to read as follows:
                                ARTICLE 3-A
                         EMAIL USE AND RETENTION
SECTION 50. DEFINITIONS.
        51. PERSONAL EMAIL USE.
        52. RETENTION OF EMAIL.
  S  50.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS ARE
DEFINED AS FOLLOWS:
  1. "STATE AGENCY" IS ANY AGENCY, DEPARTMENT, DIVISION, BOARD,  BUREAU,
OFFICE,  COUNCIL,  COMMISSION, AUTHORITY, PUBLIC BENEFIT CORPORATION, OR
OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNC-
TION FOR THE STATE OF NEW YORK, EXCEPT THE JUDICIARY OR THE STATE LEGIS-
LATURE.
  2. "STATE EMAIL" IS ANY ELECTRONIC MAIL, INCLUDING METADATA,  SENT  OR
RECEIVED  BY  ANY STATE AGENCY IN PURSUANCE OF LAW OR IN CONNECTION WITH
THE TRANSACTION OF PUBLIC BUSINESS OF A STATE AGENCY, SUCH  AS  EVIDENCE
OF AN AGENCY'S ORGANIZATION, FUNCTIONS, POLICIES, DECISIONS, PROCEDURES,
OPERATIONS,  OR  OTHER ACTIVITIES, OR THAT IS RELEVANT AND USEFUL TO THE
EXECUTION AND IMPLEMENTATION OF ONGOING AGENCY WORK.
  3. "PERSONAL EMAIL ACCOUNT" IS  ANY  EMAIL  ADDRESS  AND  ACCOMPANYING
ACCOUNT  ON  ANY COMPUTER NETWORK WHICH IS CONFIGURED TO SEND ELECTRONIC
MAIL, RECEIVE ELECTRONIC MAIL, OR BOTH,  EXCEPT  THOSE  PROVIDED  TO  AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09890-01-5

              

A. 6076                             2

EMPLOYEE  OF  ANY  STATE AGENCY BY THE STATE AGENCY WHICH EMPLOYS HIM OR
HER.
  4.  "OFFICIAL  EMAIL  ACCOUNT"  IS  THE EMAIL ADDRESS AND ACCOMPANYING
ACCOUNT ON ANY COMPUTER NETWORK  CONFIGURED  TO  SEND  ELECTRONIC  MAIL,
RECEIVE  ELECTRONIC  MAIL,  OR BOTH, WHICH IS PROVIDED TO AN EMPLOYEE OF
ANY STATE AGENCY BY THE STATE AGENCY WHICH EMPLOYS HIM OR HER.
  S 51. PERSONAL EMAIL USE. 1. EMPLOYEES OF ANY STATE AGENCY  SHALL  NOT
CREATE  OR    MAINTAIN  STATE  EMAIL  BY  THE  USE OF ANY PERSONAL EMAIL
ACCOUNT.
  2. IN THE EVENT THAT ANY STATE EMAIL IS SENT FROM A THIRD PARTY TO ANY
PERSONAL EMAIL ACCOUNT OF ANY EMPLOYEE OF ANY STATE AGENCY, THAT EMPLOY-
EE SHALL FORWARD THAT STATE EMAIL TO HIS OR HER OFFICIAL  EMAIL  ACCOUNT
WITHIN FIVE DAYS.
  S  52.  RETENTION  OF  EMAIL.  1. EACH STATE AGENCY SHALL RETAIN STATE
EMAIL FOR A MINIMUM OF SEVEN YEARS.
  2. EMPLOYEES OF EXECUTIVE STAFF AND OTHER SENIOR STATE  EMPLOYEES,  AS
DETERMINED BY REGULATION, SHALL RETAIN STATE EMAIL PERMANENTLY.
  3. NOTHING IN THIS SECTION SHALL REQUIRE OR PERMIT ANY EMPLOYEE OF ANY
STATE  AGENCY  TO  DELETE AN EMAIL WHICH IS THE SUBJECT OF A REQUEST FOR
RECORDS UNDER ARTICLE SIX OF THIS CHAPTER, THE SUBJECT  OF  ANY  RECORDS
RETENTION SCHEDULE DESCRIBED IN TITLE U OF THE ARTS AND CULTURAL AFFAIRS
LAW,  OR  THE  SUBJECT OF ANY OBLIGATION TO PRESERVE RECORDS RELATING TO
ANTICIPATED OR FILED LITIGATION.
  S 2. This act shall take effect immediately.