Assembly Bill A9642

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9642
 
                           I N  A S S E M B L Y
 
                              March 26, 2024
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Cities
 
 AN ACT to amend the general municipal law, in  relation  to  interagency
   data sharing by agencies of a city with a population of one million or
   more for providing benefits, services or care coordination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "one city act".
   §  2.  The  general  municipal  law is amended by adding a new section
 139-e to read as follows:
   § 139-E. DATA SHARING  BY  AGENCIES  WITHIN  A  LOCAL  GOVERNMENT  FOR
 PROVIDING  BENEFITS,  SERVICES  OR  CARE COORDINATION. 1. APPLICABILITY.
 THIS SECTION SHALL APPLY TO CITIES HAVING A POPULATION OF ONE MILLION OR
 MORE.
   2. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS,  DETERMINES,  AND
 DECLARES  THAT  THE  EFFECTIVE  DELIVERY  OF BENEFITS, SERVICES AND CARE
 COORDINATION BY A LOCAL GOVERNMENT  TO  ITS  POPULACE  MAY  BE  IMPROVED
 THROUGH  COOPERATIVE  DATA-SHARING ARRANGEMENTS THAT ENABLE ITS AGENCIES
 TO ACT, IN EFFECT, AS A SINGLE COORDINATED ENTITY, "ONE CITY", FOR  SUCH
 PURPOSES. THE DELIVERY OF BENEFITS, SERVICES AND CARE COORDINATION OFTEN
 EITHER REQUIRES OR IS BUTTRESSED BY THE SHARING OF THE PERSONAL INFORMA-
 TION  COLLECTED  FROM  INDIVIDUALS OR HOUSEHOLDS BY ONE LOCAL GOVERNMENT
 AGENCY WITH OTHER LOCAL GOVERNMENT AGENCIES, PARTICULARLY WHERE THE SAME
 INDIVIDUAL OR HOUSEHOLD IS KNOWN TO MULTIPLE LOCAL  GOVERNMENT  AGENCIES
 OR  FACES  COMPLEX  CHALLENGES  REQUIRING  CROSS-AGENCY  COORDINATION TO
 EFFECTIVELY ADDRESS A PRESSING NEED FOR GOVERNMENT SERVICES, SUCH AS BUT
 NOT LIMITED TO FOOD, SHELTER, MENTAL HEALTH SERVICES,  PUBLIC  BENEFITS,
 AND  HEALTH  CARE. THE LEGISLATURE RECOGNIZES THE IMPORTANCE OF ENSURING
 ROBUST PROTECTIONS FOR SAFEGUARDING THE PRIVACY OF THE PERSONAL INFORMA-
 TION THAT INDIVIDUALS HAVE ENTRUSTED TO  THEIR  LOCAL  GOVERNMENT  WHILE
 ALSO  ENABLING  ITS  AGENCIES TO RESPONSIBLY SHARE SUCH INFORMATION WITH
 EACH OTHER IN ORDER TO EFFECTIVELY DELIVER BENEFITS, SERVICES  AND  CARE
 COORDINATION TO ITS POPULACE. STATE AUTHORITY FOR COOPERATIVE DATA-SHAR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14914-01-4
 A. 9642                             2
 
 ING  ARRANGEMENTS  THAT ENABLE AGENCIES OF A LOCAL GOVERNMENT TO COORDI-
 NATE THEIR ACTIVITIES IS NECESSARY IN CERTAIN INSTANCES  WHERE  LAWS  OF
 THE  STATE  OF  NEW  YORK  IMPOSE RESTRICTIONS ON THE DISCLOSURE OF SUCH
 PERSONAL INFORMATION BETWEEN LOCAL GOVERNMENT AGENCIES. SUCH COOPERATIVE
 DATA-SHARING  ARRANGEMENTS  CAN BE DEVELOPED AND IMPLEMENTED WITH APPRO-
 PRIATE SAFEGUARDS AND PROTOCOLS  FOR  PROTECTING  PERSONAL  PRIVACY  AND
 CYBERSECURITY.
   3. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "AGENCY"  MEANS  AN OFFICE, POSITION, ADMINISTRATION, DEPARTMENT,
 DIVISION, BUREAU, BOARD OR COMMISSION, OR A CORPORATION, INSTITUTION  OR
 AGENCY OF GOVERNMENT, THE EXPENSES OF WHICH ARE PAID IN WHOLE OR IN PART
 FROM THE CITY TREASURY.
   (B) "AGENT" MEANS AN AUTHORIZED PERSON WHO ACTS ON BEHALF OF OR AT THE
 DIRECTION OF AN AGENCY.
   (C)  "BENEFITS" MEANS ASSISTANCE AND RESOURCES THAT A LOCAL GOVERNMENT
 PROVIDES TO INDIVIDUALS IN ORDER TO MEET BASIC NEEDS, SUCH  AS  BUT  NOT
 LIMITED  TO  FOOD,  SHELTER,  FINANCIAL  SECURITY, EDUCATION, AND HEALTH
 CARE, AND OTHER TYPES OF ASSISTANCE OR RESOURCES THAT MAY  HELP  IMPROVE
 AN INDIVIDUAL'S QUALITY OF LIFE.
   (D) "CARE COORDINATION" MEANS COORDINATION OR CASE MANAGEMENT OF BENE-
 FITS AND SERVICES.
   (E) "HUMAN SERVICES AGENCY" MEANS AN AGENCY THAT DELIVERS A SERVICE TO
 INDIVIDUALS  OR  GROUPS  OF  INDIVIDUALS FOR THE PURPOSE OF IMPROVING OR
 ENHANCING SUCH INDIVIDUALS' HEALTH OR WELFARE IN CIRCUMSTANCES INCLUDING
 BUT NOT LIMITED TO: DOMESTIC VIOLENCE, TEENAGE PREGNANCY,  HEALTH  PROB-
 LEMS,  CHILD ABUSE, NUTRITIONAL DEFICIENCIES, SUICIDE, HUNGER, UNEMPLOY-
 MENT, LACK OF SUITABLE SHELTER, CRIME, DRUG AND ALCOHOL ABUSE AND POVER-
 TY.
   (F) "PERSONAL INFORMATION" MEANS INFORMATION COLLECTED  BY  AN  AGENCY
 CONCERNING  AN INDIVIDUAL THAT, BECAUSE OF NAME, NUMBER, SYMBOL, MARK OR
 OTHER IDENTIFIER, CAN BE USED TO IDENTIFY THAT INDIVIDUAL, AND  INCLUDES
 DATA  CONTAINED  IN  AN AGENCY RECORD ABOUT THE INDIVIDUAL'S BACKGROUND,
 CIRCUMSTANCES, NEEDS AND SERVICES THAT HAVE BEEN PROVIDED TO  THE  INDI-
 VIDUAL.
   (G)  "SERVICES"  MEANS  FUNCTIONS  A LOCAL GOVERNMENT PERFORMS FOR THE
 PURPOSE OF ASSISTING INDIVIDUALS, INCLUDING BUT NOT  LIMITED  TO  EDUCA-
 TIONAL  EFFORTS  AND  OUTREACH  BY  A  LOCAL  GOVERNMENT ABOUT BENEFITS,
 SERVICES, AND CARE COORDINATION.
   4. DISCLOSURE OF PERSONAL INFORMATION AMONG AGENCIES. SUBJECT  TO  ANY
 RESTRICTIONS  IMPOSED  BY  FEDERAL  LAW,  AND  NOTWITHSTANDING ANY OTHER
 PROVISION OF THE LAWS OF NEW YORK RELATING  TO  THE  CONFIDENTIALITY  OF
 PERSONAL  INFORMATION, OTHER THAN LAWS REQUIRING THAT RECORDS BE SEALED,
 AN AGENCY MAY DISCLOSE THE  PERSONAL  INFORMATION  OF  INDIVIDUALS  THAT
 WOULD OTHERWISE BE RESTRICTED FROM DISCLOSURE TO ANOTHER AGENCY OR AGENT
 THEREOF FOR THE LIMITED PURPOSE OF:
   (A) PROVIDING BENEFITS, SERVICES, OR CARE COORDINATION TO INDIVIDUALS;
 OR
   (B) A RESEARCH STUDY CONCERNING THE PROVISION OF BENEFITS, SERVICES OR
 CARE  COORDINATION  THAT IS CONDUCTED BY OR ON BEHALF OF A LOCAL GOVERN-
 MENT HEALTH OR HUMAN SERVICES AGENCY AND IS IN COMPLIANCE WITH  APPLICA-
 BLE LOCAL, STATE AND FEDERAL LAWS RELATING TO HUMAN SUBJECTS RESEARCH.
   5.  THE  DISCLOSURE  OF  PERSONAL INFORMATION PURSUANT TO THIS SECTION
 SHALL ONLY BE MADE SUBJECT TO A WRITTEN AGREEMENT  BETWEEN  THE  PARTIES
 INVOLVED  IN THE DISCLOSURE OF THE PERSONAL INFORMATION, AND SUCH AGREE-
 MENT SHALL:
 A. 9642                             3
 
   (A) BE APPROVED BY LEGAL COUNSEL AND THE  CHIEF  INFORMATION  SECURITY
 OFFICER  FOR EACH AGENCY THAT IS A PARTY TO THE AGREEMENT, AND THE LOCAL
 GOVERNMENT'S CHIEF PRIVACY OFFICER, WHERE SUCH A POSITION EXISTS;
   (B)  PROVIDE  THAT  ACCESS TO THE PERSONAL INFORMATION TO BE SHARED IS
 LIMITED TO EMPLOYEES OR AGENTS OF THE PARTIES THAT REQUIRE  SUCH  ACCESS
 TO  FULFILL  THEIR  JOB FUNCTIONS IN RELATION TO PROVIDING THE BENEFITS,
 SERVICES AND CARE COORDINATION DESCRIBED IN SUCH AGREEMENT;
   (C) DESCRIBE THE TYPE OF PERSONAL INFORMATION TO BE SHARED, HOW IT  IS
 TO  BE  SHARED,  AND  THE USE AND PURPOSE RELATING TO SPECIFIC BENEFITS,
 SERVICES OR CARE COORDINATION TO BE FURTHERED BY THE DISCLOSURE;
   (D) PROHIBIT  THE  AGENCY  TO  WHICH  PERSONAL  INFORMATION  SHALL  BE
 DISCLOSED  FROM  REDISCLOSING,  PUBLISHING  OR  OTHERWISE REVEALING SUCH
 PERSONAL INFORMATION WITHOUT WRITTEN PERMISSION OF THE DISCLOSING  AGEN-
 CY,  EXCEPT WHERE REQUIRED BY LAW, AND REQUIRE THAT SUCH REDISCLOSURE BE
 IN ACCORDANCE WITH A WRITTEN AGREEMENT SUBJECT TO THE TERMS SET FORTH IN
 THIS SUBDIVISION; AND
   (E) IMPOSE REQUIREMENTS GOVERNING THE  SECURE  TRANSMISSION,  STORAGE,
 USE  AND  ACCESS  TO THE DISCLOSED PERSONAL INFORMATION THAT ARE NO LESS
 STRINGENT THAN THOSE ESTABLISHED BY THE  LOCAL  GOVERNMENT  AGENCY  THAT
 DIRECTS,  MANAGES, AND HAS AUTHORITY OVER A CITY'S CYBER DEFENSE, INVES-
 TIGATION, RESPONSE, AND POLICY.
   6. NOTHING IN THIS SECTION  SHALL  BE  INTERPRETED  TO  AUTHORIZE  THE
 DISCLOSURE  OF PERSONAL INFORMATION AMONG OR BETWEEN AGENCIES OF A LOCAL
 GOVERNMENT FOR ANY OTHER PURPOSE  THAN  PROVIDING  OR  MAKING  AVAILABLE
 BENEFITS, SERVICES AND CARE COORDINATION TO ITS POPULACE OR CONDUCTING A
 RESEARCH  STUDY  PURSUANT  TO  PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS
 SECTION, NOR SHALL THIS SECTION BE INTERPRETED TO  AUTHORIZE  DISCLOSURE
 OF  PERSONAL INFORMATION FOR THE PURPOSES OF INVESTIGATING AN OFFENSE AS
 SUCH TERM IS DEFINED IN SUBDIVISION ONE OF SECTION 10.00  OF  THE  PENAL
 LAW.
   § 3. This act shall take effect immediately.