S T A T E   O F   N E W   Y O R K
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                                   3632
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the New York city charter, in relation to the  confiden-
   tiality  of  information  obtained by a city employee 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.  Legislative  intent.  In  August  1989, Mayor Edward Koch
 issued Executive Order No. 124, which  prohibits  any  city  officer  or
 employee  from transmitting information regarding the immigration status
 of any  individual  to  federal  immigration  authorities  except  under
 certain  circumstances.  Mayors David Dinkins and Rudolph Giuliani reis-
 sued this executive order. In a decision stemming from the city's  chal-
 lenge  to  the  constitutionality of two federal statutes that preempted
 the Executive Order, the  Second  Circuit  Court  of  Appeals,  although
 affirming  the  lower court's dismissal of the city's lawsuit, also left
 open the possibility that a generalized confidentiality policy necessary
 to the performance of legitimate municipal  functions  might  survive  a
 constitutional challenge. CITY OF NEW YORK V.  UNITED STATES OF AMERICA,
 179 F 3rd 29 (1999), CERT DENIED 528 US 1115 (2000). In fact, the Second
 Circuit Court of Appeals, recognizing that the city's concerns regarding
 the  obtaining of confidential information are not insubstantial, stated
 that the "obtaining of pertinent information, which is essential to  the
 performance of a wide variety of state and local governmental functions,
 may  in  some  cases  be  difficult or impossible if some expectation of
 confidentiality is not preserved. Preserving confidentiality may in turn
 require that state and local governments regulate the use of such infor-
 mation by their employees."
   Recognizing the importance of keeping certain information confidential
 that city employees may obtain in the course of fulfilling their duties,
 as well as adhering to the concerns of  the  second  circuit,  the  city
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08433-01-7

 A. 3632                             2
 
 council  finds  that  a  general  policy limiting the disclosure of many
 types of confidential information is warranted. Confidentiality is vital
 when the city obtains such information  as  an  individual's  health  or
 disability  status,  sexual orientation, immigration status, status as a
 crime victim or witness, or other  information.  Without  the  assurance
 that  such  information  will be kept confidential, it will be difficult
 and oftentimes impossible for the  city  to  perform  certain  essential
 functions.  By  creating a presumption of confidentiality with regard to
 certain information, and establishing a  mechanism  that  regulates  the
 disclosure  of such information, the city will go a long way to insuring
 that vital services are provided to all people who reside in,  work  in,
 or visit this city.
   § 2. The New York city charter is amended by adding a new section 1114
 to read as follows:
   §  1114.  DISCLOSURE OF CONFIDENTIAL INFORMATION BY CITY EMPLOYEES. A.
 DEFINITIONS. (1) "CONFIDENTIAL INFORMATION" MEANS ANY INFORMATION  MAIN-
 TAINED  OR  OBTAINED BY A CITY AGENCY OR EMPLOYEE CONCERNING AN INDIVID-
 UAL'S HEALTH OR DISABILITY STATUS, INCOME  TAX  RECORDS,  SEXUAL  ORIEN-
 TATION,  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.
   (2)  "LINE  WORKER" MEANS ANY PERSON EMPLOYED BY ANY CITY AGENCY WHOSE
 DUTIES INVOLVE CONTACT WITH THE PUBLIC.
   B. PROCEDURE FOR  THE  DISCLOSURE  OF  CONFIDENTIAL  INFORMATION.  (1)
 EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, NO CITY OFFICER
 OR  EMPLOYEE  SHALL  DISCLOSE CONFIDENTIAL INFORMATION TO ANY ONE EXCEPT
 ANOTHER CITY OFFICER OR EMPLOYEE ACTING IN THE SCOPE OF HIS OR HER OFFI-
 CIAL DUTIES.
   (2) CONFIDENTIAL INFORMATION MAY BE DISCLOSED OTHER THAN  AS  PROVIDED
 IN PARAGRAPH ONE OF THIS SUBDIVISION ONLY IF:
   (A)  THE OFFICER'S OR EMPLOYEE'S AGENCY IS REQUIRED BY LAW TO DISCLOSE
 SUCH CONFIDENTIAL INFORMATION, PROVIDED THAT  THE  DISCLOSURE  SHALL  BE
 LIMITED TO THAT REQUIRED BY LAW; OR
   (B) THE OFFICER'S OR EMPLOYEE'S AGENCY HAS BEEN AUTHORIZED, IN WRITING
 SIGNED  BY  THE  INDIVIDUAL  OR,  IF THE INDIVIDUAL IS A MINOR OR IS NOT
 COMPETENT, THE INDIVIDUAL'S PARENT OR LEGAL GUARDIAN, TO  DISCLOSE  SUCH
 CONFIDENTIAL  INFORMATION, PROVIDED THAT THE DISCLOSURE SHALL BE LIMITED
 TO THAT AUTHORIZED IN WRITING BY THE INDIVIDUAL; OR
   (C) THERE IS REASONABLE SUSPICION OR PROBABLE CAUSE TO BELIEVE THAT  A
 PERSON  IS ENGAGING IN CRIMINAL ACTIVITY AND THE DISCLOSURE OF CONFIDEN-
 TIAL INFORMATION IS NECESSARY TO COOPERATE WITH A LAW ENFORCEMENT AGENCY
 INVESTIGATING THAT CRIMINAL ACTIVITY; OR
   (D) SUCH CONFIDENTIAL INFORMATION IS TO BE USED SOLELY FOR THE PURPOSE
 OF COMPILING STATISTICAL INFORMATION  BY  A  FEDERAL,  STATE,  OR  LOCAL
 GOVERNMENT AGENCY, PROVIDED THAT THE DISCLOSURE SHALL BE LIMITED TO THAT
 NECESSARY TO COMPILE SUCH STATISTICAL INFORMATION, AND PROVIDED THAT THE
 RECIPIENT  OF  THE  INFORMATION  ENSURES  IN  WRITING  IN ADVANCE OF ANY
 DISCLOSURE  THAT  THE  CONFIDENTIAL  INFORMATION  WILL  NOT  BE  FURTHER
 DISCLOSED TO ANY AGENCY OR INDIVIDUAL.
   C. PROCEDURE FOR COLLECTION AND RECORDING OF CONFIDENTIAL INFORMATION.
 NO  CITY  OFFICER  OR  EMPLOYEE  SHALL  MAKE INQUIRIES TO ANY INDIVIDUAL
 APPLYING FOR OR RECEIVING ANY SERVICE OR BENEFIT,  ON  BEHALF  OF  ONE'S
 SELF  OR  ANOTHER, REGARDING CONFIDENTIAL INFORMATION UNLESS SUCH CONFI-
 DENTIAL INFORMATION IS SPECIFICALLY REQUIRED BY FEDERAL OR STATE LAW  AS
 A CONDITION OF RECEIPT OF SUCH SERVICE OR BENEFIT.

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   (1)  WHERE  CONFIDENTIAL  INFORMATION IS A CONDITION OF RECEIPT OF THE
 SERVICE OR BENEFIT, THE CITY OFFICER OR EMPLOYEE SHALL MAKE  ONLY  THOSE
 INQUIRIES  NECESSARY  TO  DETERMINE WHETHER AN APPLICANT OR RECIPIENT IS
 QUALIFIED FOR SUCH SERVICE OR BENEFIT.
   (2) THIS SECTION SHALL APPLY TO ANY INFORMATION, QUESTIONNAIRE, INTER-
 VIEW  SHEET  OR  OTHER  FORM  USED  IN  RELATION TO BENEFITS OR SERVICES
 PROVIDED BY THE CITY.
   (3) NO CITY OFFICER OR EMPLOYEE SHALL RECORD INFORMATION REGARDING THE
 IMMIGRATION STATUS OF AN APPLICANT FOR OR RECIPIENT OF  ANY  SERVICE  OR
 BENEFIT  UNLESS REQUIRED BY FEDERAL OR STATE LAW. WHERE FEDERAL OR STATE
 LAW REQUIRES THE RECORDING OF CONFIDENTIAL INFORMATION, ONLY THAT INFOR-
 MATION SPECIFICALLY REQUIRED SHALL BE RECORDED.
   D. DESIGNATION OF 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 WHO  HAVE
 AUTHORITY TO APPROVE THE RELEASE OF CONFIDENTIAL INFORMATION. THE DESIG-
 NATION  SHALL INCLUDE THE NAME, SPECIFIC JOB TITLE, TELEPHONE NUMBER AND
 BUSINESS ADDRESS OF SUCH ACCESS OFFICER. IN  APPROVING  THE  RELEASE  OF
 CONFIDENTIAL  INFORMATION  THE  DESIGNATED  OFFICER  SHALL  SPECIFY  THE
 SPECIFIC INFORMATION TO BE DISCLOSED AND  THE  PERSONS  OR  ENTITIES  TO
 WHICH SUCH DISCLOSURE SHALL BE MADE. THE DESIGNATED OFFICER SHALL ENSURE
 THAT  THE  DISCLOSURE  IS  AUTHORIZED  BY LAW AND IS LIMITED IN SCOPE AS
 PROVIDED BY LAW.
   E. DISCLOSURE BY LINE WORKERS OF  CONFIDENTIAL  INFORMATION.  NO  LINE
 WORKER EMPLOYED BY A CITY AGENCY SHALL DISCLOSE CONFIDENTIAL INFORMATION
 WITHOUT  OBTAINING  PRIOR  WRITTEN  APPROVAL  OF  THE DESIGNATED OFFICER
 RESPONSIBLE FOR AUTHORIZING THE RELEASE OF CONFIDENTIAL INFORMATION  FOR
 THAT AGENCY.
   F.  OTHER  LAWS  RESPECTING  CONFIDENTIALITY.  NOTHING IN THIS SECTION
 REDUCES OR ABRIDGES ANY OTHER PROTECTION IN FEDERAL, STATE, OR LOCAL LAW
 RESPECTING THE CONFIDENTIALITY OF INFORMATION.
   § 3. Severability. If  any  section,  subdivision,  sentence,  clause,
 phrase  or other portion of this act is, for any reason, declared uncon-
 stitutional or invalid, in whole or in part, by any court  of  competent
 jurisdiction, such portion shall be deemed severable, and such unconsti-
 tutionality or invalidity shall not affect the validity of the remaining
 portions  of  this  act, which remaining portions shall continue in full
 force and effect.
   § 4. This act shall take effect immediately.