NY State Senate Bill 2023-S4044A

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2024	print number 4044a
Mar 05, 2024	amend and recommit to investigations and government operations
Jan 03, 2024	referred to investigations and government operations
Feb 02, 2023	referred to investigations and government operations

Bill Amendments

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A (Active)

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2023-S4044 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§92, 96 & 97, Pub Off L

2023-S4044 - Summary

Relates to disclosing personal information; limits disclosures of personal information to law enforcement; expands information sharing in response to emergencies; provides for statutory damages for violations and that any information disclosed to a law enforcement agency in violation of the privacy law shall be inadmissible in a criminal or civil court, or administrative proceeding.

2023-S4044 - Sponsor Memo

                                 
BILL NUMBER: S4044

SPONSOR: GONZALEZ
 
TITLE OF BILL:

An act to amend the public officers law, in relation to disclosing
personal information

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill updates the definition of personal information to bring it in
line with modern trends, limiting non-essential law enforcement
exceptions, expanding information sharing in response to emergencies,
adding statutory damages, making clerical updates, and making the Law's
text gender neutral.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 92 of the public officers law by amending the
definition of the terms "agency" and "personal information" and adding
the terms "911 services dispatcher," "emergency medical services person-
nel," "law enforcement agency," and "law enforcement officer."

Section 2: Amends section 94 of the public officers law by making
conforming changes.

Section 3: Amends section 96 of the public officers law by removing the
ability of law enforcement agencies to obtain agency records of personal
information without a warrant and makes conforming changes.  Subsections
(p) through (r ) are added to provide for the sharing of personal infor-
mation in extraordinary circumstances and to licensing officers.

Section 4: Amends section 97 of the public officers law by strengthening
remedies for violations of the PPPL and provides that any information
disclosed by agencies in violation of this article will be inadmissible
in a criminal or civil court or administrative proceeding.

Section 5: Provides an immediate effective date.

 
JUSTIFICATION:

New York's Personal Privacy Protection Law (PPPL) regulates how govern-
ment agencies share personal information. The current statute exempts
law enforcement activities, giving state and local police departments
the ability to collect and share sensitive information from other
government agencies without a warrant.

This bill would strengthen the PPPL and prevent agencies from voluntar-
ily sharing New Yorkers' personal data with police without a warrant. It
would not affect information sharing between non-law enforcement agen-
cies. The amendments would also extend the PPPL to local governments,
ensuring that cities and towns are held to the same standard as the
state. Additionally, this bill enacts exceptions to the PPPL that allow
the exchange of information in emergencies and when sharing information
is necessary to respond to a 911 call.

This bill also expands upon the PPPL's existing private right of action.
The bill grants statutory and punitive damages to anyone whose informa-
tion an agency shares in violation of the PPPL. Injured parties may also
recover actual damages if they exceed the standard award of statutory
damages. Likewise, this bill also offers evidentiary suppression as a
remedy when an agency shares information with a law enforcement agency
without legal authorization to do so.  Together, these remedies will act
as a meaningful deterrent to =sanctioned information sharing.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4044 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4044                                                  A. 3051
 
                        2023-2024 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  GONZALEZ -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations
 
 IN ASSEMBLY -- Introduced by M. of A. EPSTEIN -- read once and  referred
   to the Committee on Governmental Operations

 AN  ACT  to  amend  the  public  officers law, in relation to disclosing
   personal information
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 92 of the public officers law, as added by chapter
 652 of the laws of 1983, subdivision 8 as  amended  by  section  135  of
 subpart  B  of  part C of chapter 62 of the laws of 2011 and the opening
 paragraph of subdivision 9 as amended by chapter  313  of  the  laws  of
 1991, is amended to read as follows:
   § 92. Definitions.  (1)  Agency.  The  term  "agency" [means any state
 board,  bureau,  committee,  commission,  council,  department,   public
 authority,  public  benefit  corporation,  division, office or any other
 governmental entity performing a governmental  or  proprietary  function
 for the state of New York, except the judiciary or the state legislature
 or  any  unit  of  local  government  and  shall  not include offices of
 district attorneys] SHALL HAVE THE SAME MEANING AS IN SUBDIVISION  THREE
 OF SECTION EIGHTY-SIX OF THIS CHAPTER.
   (2)  Committee.  The  term  "committee"  means  the  committee on open
 government as constituted pursuant to subdivision one of section  eight-
 y-nine of this chapter.
   (3)  Data  subject.  The  term "data subject" means any natural person
 about whom personal information has been collected by an agency.
   (4) Disclose. The term "disclose" means to reveal, release,  transfer,
 disseminate  or  otherwise  communicate  personal information or records
 orally, in writing or by electronic or any other means other than to the
 data subject.
   (5) 911 SERVICES DISPATCHER. THE TERM "911 SERVICES DISPATCHER"  MEANS
 A  PERSON  WHO  RECEIVES REPORTS OF EMERGENCIES VIA A 911 SYSTEM OR E911

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04764-01-3
 S. 4044                             2                            A. 3051
 
 SYSTEM AS DEFINED IN SUBDIVISION THREE OF SECTION THREE HUNDRED  ONE  OF
 THE COUNTY LAW.
   (6)  EMERGENCY MEDICAL SERVICES PERSONNEL. THE TERM "EMERGENCY MEDICAL
 SERVICES PERSONNEL" MEANS INDIVIDUALS DESIGNATED AS SUCH IN  SUBDIVISION
 FIVE  OF SECTION TWENTY-NINE HUNDRED NINETY-FOUR-AA OF THE PUBLIC HEALTH
 LAW.
   (7) Governmental unit. The term "governmental unit" means any  govern-
 mental  entity performing a governmental or proprietary function for the
 federal government or for any state or any municipality thereof.
   [(6)] (8) Law. The term "law" means state or federal statute, rule  or
 regulation.
   (9)  LAW  ENFORCEMENT  AGENCY. THE TERM "LAW ENFORCEMENT AGENCY" SHALL
 HAVE THE SAME MEANING AS IN SUBDIVISION FOUR OF SECTION  705.00  OF  THE
 CRIMINAL PROCEDURE LAW.
   (10) LAW ENFORCEMENT OFFICER. THE TERM "LAW ENFORCEMENT OFFICER" MEANS
 A  POLICE  OFFICER  OR  PEACE  OFFICER AS DEFINED IN SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW.
   [(7)] (11) Personal information. The term "personal information" means
 any information concerning  a  data  subject  which,  because  of  name,
 number,  symbol,  mark or other identifier, ALONE OR IN COMBINATION WITH
 OTHER INFORMATION, can be used to identify that data subject OR BE ASSO-
 CIATED WITH AN IDENTIFIED DATA SUBJECT.
   [(8) Public safety agency  record.  The  term  "public  safety  agency
 record" means a record of the state commission of correction, the tempo-
 rary  state  commission  of investigation, the department of corrections
 and community supervision, the office of children and  family  services,
 the  office of victim services, the office of probation and correctional
 alternatives or the division of state police or of any agency or  compo-
 nent thereof whose primary function is the enforcement of civil or crim-
 inal statutes if such record pertains to investigation, law enforcement,
 confinement  of  persons  in  correctional  facilities or supervision of
 persons pursuant to criminal conviction or court order, and any  records
 maintained  by  the  division  of  criminal justice services pursuant to
 sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight
 hundred thirty-seven-b,  eight  hundred  thirty-seven-c,  eight  hundred
 thirty-eight, eight hundred thirty-nine, and eight hundred forty-five of
 the  executive  law  and  by the department of state pursuant to section
 ninety-nine of the executive law.
   (9)] (12) Record. The term "record"  means  any  item,  collection  or
 grouping  of  personal  information  about a data subject which is main-
 tained and is retrievable by use of the name or other identifier of  the
 data  subject  irrespective  of  the physical form or technology used to
 maintain such personal information. The term "record" shall not  include
 personal  information  which is not used to make any determination about
 the data subject if it is:
   (a) a telephone book or directory which is used exclusively for  tele-
 phone and directory information;
   (b) any card catalog, book or other resource material in any library;
   (c) any compilation of information containing names and addresses only
 which is used exclusively for the purpose of mailing agency information;
   (d)  personal  information  required  by  law  to  be  maintained, and
 required by law to be used, only for statistical research  or  reporting
 purposes;
   (e)  information  requested  by  the agency which is necessary for the
 agency to answer unsolicited requests by the data subject  for  informa-
 tion; or
 S. 4044                             3                            A. 3051
 
   (f) correspondence files.
   [(10)] (13) Routine use. The term "routine use" means, with respect to
 the  disclosure  of  a  record  or personal information, any use of such
 record or personal information relevant to the purpose for which it  was
 collected,  and  which  use  is necessary to the statutory duties of the
 agency that collected or obtained the record or personal information, or
 necessary for that agency to operate a program  specifically  authorized
 by law.
   [(11)]  (14) System of records. The term "system of records" means any
 group of records under the actual or constructive control of any  agency
 pertaining  to one or more data subjects from which personal information
 is retrievable by use of the name or other identifier of a data subject.
   § 2. The opening paragraph of subdivision  3  of  section  94  of  the
 public  officers  law,  as  added by chapter 652 of the laws of 1983, is
 amended to read as follows:
   Each agency, for disclosures made pursuant to  paragraphs  (d)[,]  AND
 (i)  [and (l)] of subdivision one of section ninety-six of this article,
 except for disclosures  made  for  inclusion  in  public  safety  agency
 records  when  such  record  is  requested  for the purpose of obtaining
 information required for the investigation of a violation  of  civil  or
 criminal statutes within the disclosing agency, shall:
   § 3. Section 96 of the public officers law, as added by chapter 652 of
 the  laws  of 1983, paragraph (j) of subdivision 1 as amended by chapter
 1015 of the laws of 1984, paragraph (n) of subdivision 1 as  amended  by
 chapter 319 of the laws of 2014, paragraphs (o) and (p) of subdivision 1
 as  amended  by section one of part S of chapter 58 of the laws of 2022,
 and paragraph (c) of subdivision 2 as amended by chapter 322 of the laws
 of 2021, is amended to read as follows:
   § 96. Disclosure of records. (1) No agency may disclose any record  or
 personal information unless such disclosure is:
   (a)  pursuant to a written request by or the voluntary written consent
 of the data subject, provided that such request or consent by its  terms
 limits and specifically describes:
   (i) the personal information which is requested to be disclosed;
   (ii)  the  person  or  entity  to  whom  such  personal information is
 requested to be disclosed; and
   (iii) the uses which will be made of such personal information by  the
 person or entity receiving it; or
   (b)  to  those  officers  and  employees of, and to those who contract
 with, the agency that maintains the record if such disclosure is  neces-
 sary  to  the performance of their official duties pursuant to a purpose
 of the agency required to be accomplished by statute or executive  order
 or necessary to operate a program specifically authorized by law; or
   (c)  subject  to  disclosure under article six of this chapter, unless
 disclosure of such information would constitute an unwarranted  invasion
 of  personal  privacy  as defined in paragraph (a) of subdivision two of
 section eighty-nine of this chapter; or
   (d) to officers or employees of  another  governmental  unit  if  each
 category  of  information  sought  to  be disclosed is necessary for the
 receiving governmental unit to operate a program specifically authorized
 by statute [and if], the use for which the information is  requested  is
 not relevant to the purpose for which it was collected; or
   (e)  for  a  routine  use, as defined in subdivision [ten] THIRTEEN of
 section ninety-two of this article; or
   (f) specifically authorized by statute or federal rule or  regulation;
 or
 S. 4044                             4                            A. 3051

   (g)  to  the bureau of the census for purposes of planning or carrying
 out a census or survey or related activity pursuant to the provisions of
 Title XIII of the United States Code; or
   (h)  to  a  person  who  has  provided the agency with advance written
 assurance that the record will be used solely for the purpose of statis-
 tical research or reporting, but only if it is to be  transferred  in  a
 form that does not reveal the identity of any data subject; or
   (i)  pursuant  to  a showing of compelling circumstances affecting the
 health or safety of a data subject, if upon such disclosure notification
 is transmitted to the data subject at [his  or  her]  THEIR  last  known
 address; or
   (j)  to the state archives as a record which has sufficient historical
 or other value to warrant its continued preservation by the state or for
 evaluation by the state archivist or [his  or  her]  THEIR  designee  to
 determine whether the record has such value; or
   (k)  to  any  person  pursuant  to  a  court ordered subpoena or other
 compulsory legal process; or
   (l) [for inclusion in a public safety agency record or to any  govern-
 mental  unit or component thereof which performs as one of its principal
 functions any activity pertaining to the enforcement of  criminal  laws,
 provided  that,  such  record  is  reasonably described and is requested
 solely for a law enforcement function; or
   (m)] pursuant to a search warrant; or
   [(n)] (M) to officers or employees of another  agency  if  the  record
 sought  to  be disclosed is necessary for the receiving agency to comply
 with the mandate of an executive order, but only if such records are  to
 be  used  only for statistical research, evaluation or reporting and are
 not used in making any determination about a data subject; or
   [(o)] (N) to officers or employees of a public  retirement  system  of
 the city of New York if the information sought to be disclosed is neces-
 sary  for  the  receiving  public  retirement system to process benefits
 under the retirement and social security law, the administrative code of
 the city of New York, or the  education  law  or  any  other  applicable
 provision  of  law.  A  written request or consent from the data subject
 pursuant to paragraph (a) of this subdivision shall not be required  for
 the disclosure of records pursuant to this paragraph; or
   [(p)]  (O) to officers or employees of the United States department of
 education for such department to process credit for  qualifying  employ-
 ment  and  loan  forgiveness  under  the public service loan forgiveness
 program. A written request or consent from the data subject pursuant  to
 paragraph  (a) of this subdivision shall not be required for the disclo-
 sure of records pursuant to this paragraph; OR
   (P) NECESSARY TO PREVENT AN IMMEDIATE AND SUBSTANTIAL RISK  OF  DEATH,
 SIGNIFICANT BODILY HARM, SIGNIFICANT DAMAGE TO PROPERTY, OR IS OTHERWISE
 NECESSARY TO RESPOND TO AN IMMEDIATE EMERGENCY; OR
   (Q)  DISCLOSED BY A 911 SERVICE DISPATCHER IN THE COURSE OF RESPONDING
 TO AN EMERGENCY REPORTED VIA A 911 SYSTEM OR E911  SYSTEM  TO  EMERGENCY
 MEDICAL  SERVICES PERSONNEL, LAW ENFORCEMENT OFFICERS, OR OTHERS RESPON-
 SIBLE FOR PROVIDING ASSISTANCE AT THE SCENE OF AN EMERGENCY; OR
   (R) TO LICENSING OFFICERS OF NEW YORK STATE, AS DEFINED IN SUBDIVISION
 TEN OF SECTION 265.00 OF THE PENAL  LAW,  FOR  SUCH  OFFICERS  TO  ISSUE
 FIREARM LICENSES PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   (2)  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS SECTION, NO AGENCY MAY
 DISCLOSE ANY RECORD OR PERSONAL INFORMATION TO A LAW ENFORCEMENT  AGENCY
 OR  LAW  ENFORCEMENT OFFICER UNLESS SUCH DISCLOSURE IS PURSUANT TO PARA-
 GRAPHS (L), (P), (Q), OR (R) OF SUBDIVISION ONE OF THIS SECTION.
 S. 4044                             5                            A. 3051
 
   (3) Nothing in this section shall require disclosure of[:
   (a)  personal  information  which  is otherwise prohibited by law from
 being disclosed;
   (b) patient records concerning mental disability  or  medical  records
 where such disclosure is not otherwise required by law;
   (c)  personal information pertaining to the incarceration of an incar-
 cerated individual at a state correctional facility which is  evaluative
 in  nature  or which, if disclosed, could endanger the life or safety of
 any person, unless such disclosure is otherwise permitted by law;
   (d) attorney's work product or material prepared for litigation before
 judicial, quasi-judicial or administrative tribunals,  as  described  in
 subdivisions  (c)  and  (d) of section three thousand one hundred one of
 the civil practice law and rules, except pursuant to  statute,  subpoena
 issued  in  the course of a criminal action or proceeding, court ordered
 or grand jury subpoena, search warrant or other  court  ordered  disclo-
 sure]  ANY  RECORD  OR  PERSONAL  INFORMATION  OR  EXPAND AN AGENCY'S OR
 GOVERNMENTAL UNIT'S ABILITY TO DISCLOSE ANY RECORD OR PERSONAL  INFORMA-
 TION.
   § 4. Section 97 of the public officers law, as added by chapter 652 of
 the laws of 1983, is amended to read as follows:
   § 97. [Civil  remedies]  REMEDIES.   (1) Any data subject aggrieved by
 any action taken under this article may seek judicial review and  relief
 pursuant to article seventy-eight of the civil practice law and rules.
   (2)  IN  ANY ACTION BROUGHT UNDER SUBDIVISION ONE OF THIS SECTION, THE
 PLAINTIFF MAY SEEK:
   (A) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
 GREATER; AND
   (B) PUNITIVE DAMAGES; AND
   (C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   (3) IN ASSESSING THE AMOUNT OF PUNITIVE DAMAGES AWARDED TO A PLAINTIFF
 IN AN ACTION BROUGHT UNDER SUBDIVISION ONE OF THIS  SECTION,  THE  COURT
 SHALL CONSIDER:
   (A) THE DEFENDANT'S PATTERN OF VIOLATIONS OF THIS ARTICLE; AND
   (B)  THE  IMPACT  OF  THE  VIOLATION ON THE DATA SUBJECT'S EXERCISE OF
 CONSTITUTIONAL AND STATUTORY RIGHTS,  INCLUDING,  BUT  NOT  LIMITED  TO,
 RELIGION, POLITICAL VIEWS, AND MEDICAL CARE.
   (4)  In  any proceeding brought under subdivision one of this section,
 the party defending the action shall bear the burden of proof,  and  the
 court  [may] SHALL, if the data subject [substantially] prevails against
 any agency [and if the agency lacked a reasonable basis pursuant to this
 article for the challenged action], award to the data subject reasonable
 attorneys' fees and disbursements reasonably incurred.
   (5) ANY INFORMATION DISCLOSED TO A LAW ENFORCEMENT AGENCY IN VIOLATION
 OF THIS ARTICLE SHALL BE INADMISSIBLE AGAINST  THE  DATA  SUBJECT  IN  A
 CRIMINAL OR CIVIL COURT, OR ADMINISTRATIVE PROCEEDING.
   [(3)]  (6)  Nothing  in  this  article  shall be construed to limit or
 abridge the right of any person to obtain judicial review  or  pecuniary
 or  other  relief,  in any other form or upon any other basis, otherwise
 available to a person aggrieved by any agency action under this article.
   § 5. This act shall take effect immediately.

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2023-S4044A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Public Officers Law
Laws Affected:: Amd §§92, 96 & 97, Pub Off L

2023-S4044A (ACTIVE) - Summary

2023-S4044A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4044A

SPONSOR: GONZALEZ
 
TITLE OF BILL:

An act to amend the public officers law, in relation to disclosing
personal information

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill updates the definition and protection of personal information
to bring it in line with modem trends, limiting non-essential law
enforcement exceptions to prohibitions on sharing of personal informa-
tion, expanding information sharing in response to emergencies, adding
statutory damages, limiting the admissibility of improperly disclosed
information as evidence, making clerical updates, and making the Law's
text gender neutral.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 92 of the public officers law by amending the
definition of the term "personal information" and adding the terms "911

services dispatcher," "emergency medical services personnel," "law
enforcement agency," "law enforcement officer," and "police agency."

Section 2: Amends section 96 of the public officers law by making
conforming changes, limiting disclosure to federal immigration or any
out-of-state law enforcement agencies., and removing the ability of law
enforcement agencies to obtain agency records of personal information
without a warrant. Subsections (1)(q) through (1)(s) are added to
provide for the sharing of personal information in extraordinary circum-
stances and to licensing officers.  Subsections (3) and (4) limit the
sharing of information with law enforcement and agreements with law
enforcement for the sharing of information, respectively.

Section 3: Amends section 97 of the public officers law by strengthening
remedies for violations of the PPPL and provides that any information
disclosed by agencies in violation of this article will be inadmissible
in a criminal or civil court or administrative proceeding.

Section 4: Provides an immediate effective date.

 
JUSTIFICATION:

New York's Personal Privacy Protection Law (PPPL) regulates how govern-
ment agencies share personal information. The current statute exempts
law enforcement activities, giving state and local police departments
the ability to collect and share sensitive information from other
government agencies without a warrant.

This bill would strengthen the PPPL and prevent agencies from voluntar-
ily sharing New Yorkers' personal data with police without a warrant. It
would not affect information sharing between non-law enforcement agen-
cies. The amendments would also extend the PPPL to local governments,
ensuring that cities and towns are held to the same standard as the
state. Additionally, this bill enacts exceptions to the PPPL that allow
the exchange of information in emergencies and when sharing information
is necessary to respond to a 911 call.

This bill also expands upon the PPPL's existing private right of action.
The bill grants statutory and punitive damages to anyone whose informa-
tion an agency shares in violation of the PPPL. Injured parties may also
recover actual damages if they exceed the standard award of statutory
damages. Likewise, this bill also offers evidentiary suppression as a
remedy when an agency shares information with a law enforcement agency
without legal authorization to do so.  Together, these remedies will act
as a meaningful deterrent to =sanctioned information sharing.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4044A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4044--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sens. GONZALEZ, BRISPORT, BROUK, FERNANDEZ, HOYLMAN-SIGAL,
   SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed
   to  be  committed  to  the  Committee on Investigations and Government
   Operations -- recommitted  to  the  Committee  on  Investigations  and
   Government  Operations  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  public  officers law, in relation to disclosing
   personal information
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 92 of the public officers law, as added by chapter
 652 of the laws of 1983, subdivision 8 as  amended  by  section  135  of
 subpart  B  of  part C of chapter 62 of the laws of 2011 and the opening
 paragraph of subdivision 9 as amended by chapter  313  of  the  laws  of
 1991, is amended to read as follows:
   § 92. Definitions.  (1)  Agency.  The  term  "agency"  means any state
 board,  bureau,  committee,  commission,  council,  department,   public
 authority,  public  benefit  corporation,  division, office or any other
 governmental entity performing a governmental  or  proprietary  function
 for the state of New York, except the judiciary or the state legislature
 or  any  unit  of  local  government  and  shall  not include offices of
 district attorneys.
   (2) Committee. The  term  "committee"  means  the  committee  on  open
 government  as constituted pursuant to subdivision one of section eight-
 y-nine of this chapter.
   (3) Data subject. The term "data subject"  means  any  natural  person
 about whom personal information has been collected by an agency.
   (4)  Disclose. The term "disclose" means to reveal, release, transfer,
 disseminate or otherwise communicate  personal  information  or  records
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04764-02-3
 S. 4044--A                          2

 
 orally, in writing or by electronic or any other means other than to the
 data subject.
   (5)  911 SERVICES DISPATCHER. THE TERM "911 SERVICES DISPATCHER" MEANS
 A PERSON WHO RECEIVES REPORTS OF EMERGENCIES VIA A 911  SYSTEM  OR  E911
 SYSTEM  AS  DEFINED IN SUBDIVISION THREE OF SECTION THREE HUNDRED ONE OF
 THE COUNTY LAW.
   (6) EMERGENCY MEDICAL SERVICES PERSONNEL. THE TERM "EMERGENCY  MEDICAL
 SERVICES  PERSONNEL" MEANS INDIVIDUALS DESIGNATED AS SUCH IN SUBDIVISION
 FIVE OF SECTION TWENTY-NINE HUNDRED NINETY-FOUR-AA OF THE PUBLIC  HEALTH
 LAW.
   (7)  Governmental unit. The term "governmental unit" means any govern-
 mental entity performing a governmental or proprietary function for  the
 federal government or for any state or any municipality thereof.
   [(6)]  (8) Law. The term "law" means state or federal statute, rule or
 regulation.
   [(7)] (9) LAW ENFORCEMENT AGENCY. THE TERM  "LAW  ENFORCEMENT  AGENCY"
 SHALL  HAVE THE SAME MEANING AS IN SUBDIVISION FOUR OF SECTION 705.00 OF
 THE CRIMINAL PROCEDURE LAW.
   (10) LAW ENFORCEMENT OFFICER. THE TERM "LAW ENFORCEMENT OFFICER" MEANS
 A POLICE OFFICER OR PEACE OFFICER AS DEFINED  IN  SECTION  1.20  OF  THE
 CRIMINAL PROCEDURE LAW.
   (11)  POLICE  AGENCY. THE TERM "POLICE AGENCY" HAS THE SAME MEANING AS
 IN SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THE  EXECU-
 TIVE LAW.
   (12)  Personal  information. The term "personal information" means any
 information concerning a data subject which, because  of  name,  number,
 symbol,  mark  or  other  identifier, ALONE OR IN COMBINATION WITH OTHER
 INFORMATION, can be used to identify that data subject OR BE  ASSOCIATED
 WITH AN IDENTIFIED DATA SUBJECT.
   [(8)] (13) Public safety agency record. The term "public safety agency
 record" means a record of the state commission of correction, the tempo-
 rary  state  commission  of investigation, the department of corrections
 and community supervision, the office of children and  family  services,
 the  office of victim services, the office of probation and correctional
 alternatives or the division of state police or of any agency or  compo-
 nent thereof whose primary function is the enforcement of civil or crim-
 inal statutes if such record pertains to investigation, law enforcement,
 confinement  of  persons  in  correctional  facilities or supervision of
 persons pursuant to criminal conviction or court order, and any  records
 maintained  by  the  division  of  criminal justice services pursuant to
 sections eight hundred thirty-seven, eight hundred thirty-seven-a, eight
 hundred thirty-seven-b,  eight  hundred  thirty-seven-c,  eight  hundred
 thirty-eight, eight hundred thirty-nine, and eight hundred forty-five of
 the  executive  law  and  by the department of state pursuant to section
 ninety-nine of the executive law.
   [(9)] (14) Record. The term "record" means  any  item,  collection  or
 grouping  of  personal  information  about a data subject which is main-
 tained and is retrievable by use of the name or other identifier of  the
 data  subject  irrespective  of  the physical form or technology used to
 maintain such personal information. The term "record" shall not  include
 personal  information  which is not used to make any determination about
 the data subject if it is:
   (a) a telephone book or directory which is used exclusively for  tele-
 phone and directory information;
   (b) any card catalog, book or other resource material in any library;
 S. 4044--A                          3
 
   (c) any compilation of information containing names and addresses only
 which is used exclusively for the purpose of mailing agency information;
   (d)  personal  information  required  by  law  to  be  maintained, and
 required by law to be used, only for statistical research  or  reporting
 purposes;
   (e)  information  requested  by  the agency which is necessary for the
 agency to answer unsolicited requests by the data subject  for  informa-
 tion; or
   (f) correspondence files.
   [(10)] (15) Routine use. The term "routine use" means, with respect to
 the  disclosure  of  a  record  or personal information, any use of such
 record or personal information relevant to the purpose for which it  was
 collected,  and  which  use  is necessary to the statutory duties of the
 agency that collected or obtained the record or personal information, or
 necessary for that agency to operate a program  specifically  authorized
 by law.
   [(11)]  (16) System of records. The term "system of records" means any
 group of records under the actual or constructive control of any  agency
 pertaining  to one or more data subjects from which personal information
 is retrievable by use of the name or other identifier of a data subject.
   § 2. Section 96 of the public officers law, as added by chapter 652 of
 the laws of 1983, paragraph (j) of subdivision 1 as amended  by  chapter
 1015  of  the laws of 1984, paragraph (n) of subdivision 1 as amended by
 chapter 319 of the laws of 2014, paragraphs (o) and (p) of subdivision 1
 as amended by section 1 of part S of chapter 58 of the laws of 2022, and
 paragraph (c) of subdivision 2 as amended by chapter 322 of the laws  of
 2021, is amended to read as follows:
   § 96. Disclosure  of records. (1) No agency may disclose any record or
 personal information unless such disclosure is:
   (a) pursuant to a written request by or the voluntary written  consent
 of  the data subject, provided that such request or consent by its terms
 limits and specifically describes:
   (i) the personal information which is requested to be disclosed;
   (ii) the person  or  entity  to  whom  such  personal  information  is
 requested to be disclosed; and
   (iii)  the uses which will be made of such personal information by the
 person or entity receiving it; or
   (b) to those officers and employees of,  and  to  those  who  contract
 with,  the agency that maintains the record if such disclosure is neces-
 sary to the performance of their official duties pursuant to  a  purpose
 of  the agency required to be accomplished by statute or executive order
 or necessary to operate a program specifically authorized by law; or
   (c) subject to disclosure under article six of  this  chapter,  unless
 disclosure  of such information would constitute an unwarranted invasion
 of personal privacy as defined in paragraph (a) of  subdivision  two  of
 section eighty-nine of this chapter; or
   (d)  to  officers  or  employees  of another governmental unit if each
 category of information sought to be  disclosed  is  necessary  for  the
 receiving governmental unit to operate a program specifically authorized
 by  statute and if the use for which the information is requested is not
 relevant to the purpose for which it was collected; or
   (e) for a routine use, as defined  in  subdivision  [ten]  FIFTEEN  of
 section ninety-two of this article; or
   (f)  specifically authorized by statute or federal rule or regulation;
 or
 S. 4044--A                          4

   (g) to the bureau of the census for purposes of planning  or  carrying
 out a census or survey or related activity pursuant to the provisions of
 Title XIII of the United States Code; or
   (h)  to  a  person  who  has  provided the agency with advance written
 assurance that the record will be used solely for the purpose of statis-
 tical research or reporting, but only if it is to be  transferred  in  a
 form  that  does not AND CANNOT reveal the identity of any data subject,
 ALONE OR IN COMBINATION WITH OTHER AVAILABLE INFORMATION; or
   (i) pursuant to a showing of compelling  circumstances  affecting  the
 health or safety of a data subject, if upon such disclosure notification
 is  transmitted  to  the  data  subject at [his or her] THEIR last known
 address; or
   (j) to the state archives as a record which has sufficient  historical
 or other value to warrant its continued preservation by the state or for
 evaluation  by  the  state  archivist  or [his or her] THEIR designee to
 determine whether the record has such value; or
   (k) to any person pursuant  to  a  court  ordered  subpoena  or  other
 compulsory legal process; or
   (l)  FROM ONE PUBLIC SAFETY AGENCY RECORD for inclusion in [a] ANOTHER
 public safety agency record or FROM ONE PUBLIC SAFETY AGENCY  RECORD  to
 any  governmental unit or component thereof which performs as one of its
 principal functions any activity pertaining to the enforcement of crimi-
 nal laws, provided that, such record  is  reasonably  described  and  is
 requested  solely  for  a law enforcement function, AND FURTHER PROVIDED
 THAT DATA MAY NOT BE TRANSFERRED UNDER THIS PARAGRAPH TO  UNITED  STATES
 IMMIGRATIONS  AND  CUSTOMS ENFORCEMENT, UNITED STATES CUSTOMS AND BORDER
 PROTECTION, ANY OTHER ENTITY FOR THE PURPOSES  OF  IMMIGRATION  ENFORCE-
 MENT,  OR  TO  ANY  OUT-OF-STATE LAW ENFORCEMENT AGENCY, LAW ENFORCEMENT
 OFFICER, OR POLICE AGENCY FOR THE ENFORCEMENT OF ANY  CRIMINAL  LAW  THE
 ELEMENTS OF WHICH WOULD NOT CONSTITUTE A CRIME IN THE STATE OF NEW YORK;
 or
   (m) pursuant to a search warrant; or
   (n) to officers or employees of another agency if the record sought to
 be  disclosed  is  necessary for the receiving agency to comply with the
 mandate of an executive order, but only if such records are to  be  used
 only  for statistical research, evaluation or reporting and are not used
 in making any determination about a data subject; or
   (o) to officers or employees of a public retirement system of the city
 of New York if the information sought to be disclosed is  necessary  for
 the  receiving  public  retirement  system to process benefits under the
 retirement and social security law, the administrative code of the  city
 of  New  York, or the education law or any other applicable provision of
 law. A written request or consent from  the  data  subject  pursuant  to
 paragraph  (a) of this subdivision shall not be required for the disclo-
 sure of records pursuant to this paragraph; or
   (p) to officers or employees of the United States department of educa-
 tion for such department to process credit for qualifying employment and
 loan forgiveness under the public service loan  forgiveness  program.  A
 written  request  or consent from the data subject pursuant to paragraph
 (a) of this subdivision shall not be  required  for  the  disclosure  of
 records pursuant to this paragraph; OR
   (Q)  NECESSARY  TO PREVENT AN IMMEDIATE AND SUBSTANTIAL RISK OF DEATH,
 SIGNIFICANT BODILY HARM, SIGNIFICANT DAMAGE TO PROPERTY, OR IS OTHERWISE
 NECESSARY TO RESPOND TO AN IMMEDIATE EMERGENCY; OR
   (R) DISCLOSED BY A 911 SERVICE DISPATCHER IN THE COURSE OF  RESPONDING
 TO  AN  EMERGENCY  REPORTED VIA A 911 SYSTEM OR E911 SYSTEM TO EMERGENCY
 S. 4044--A                          5
 
 MEDICAL SERVICES PERSONNEL, LAW ENFORCEMENT OFFICERS, OR OTHERS  RESPON-
 SIBLE FOR PROVIDING ASSISTANCE AT THE SCENE OF AN EMERGENCY; OR
   (S) TO LICENSING OFFICERS OF NEW YORK STATE, AS DEFINED IN SUBDIVISION
 TEN  OF  SECTION  265.00  OF  THE  PENAL LAW, FOR SUCH OFFICERS TO ISSUE
 FIREARM LICENSES PURSUANT TO SECTION 400.00 OF THE PENAL LAW.
   (2) NOTWITHSTANDING SUBDIVISION ONE  OF  SECTION  NINETY-TWO  OF  THIS
 ARTICLE,  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "AGENCY" HAS THE
 SAME MEANING AS IN SUBDIVISION THREE OF SECTION EIGHTY-SIX OF THIS CHAP-
 TER.
   (3) NOTWITHSTANDING SUBDIVISION ONE OF THIS  SECTION,  NO  AGENCY  MAY
 DISCLOSE ANY RECORD OR PERSONAL INFORMATION TO A LAW ENFORCEMENT AGENCY,
 LAW  ENFORCEMENT  OFFICER,  OR  POLICE  AGENCY UNLESS SUCH DISCLOSURE IS
 PURSUANT TO PARAGRAPH (K), (L), (M), (Q), (R), OR (S) OF SUBDIVISION ONE
 OF THIS SECTION, AND NO AGENCY OTHER THAN A LAW  ENFORCEMENT  AGENCY  OR
 POLICE  AGENCY  MAY DISCLOSE ANY RECORD OR PERSONAL INFORMATION TO A LAW
 ENFORCEMENT AGENCY, LAW ENFORCEMENT OFFICER, OR POLICE  AGENCY  PURSUANT
 TO PARAGRAPH (L) OF SUBDIVISION ONE OF THIS SECTION.
   (4) (A) AN AGENCY MAY ONLY DISCLOSE RECORDS OR PERSONAL INFORMATION TO
 A  PERSON  OR  ENTITY THAT IS NOT AN AGENCY PURSUANT TO PARAGRAPH (B) OR
 (E) OF SUBDIVISION ONE OF THIS SECTION IF SUCH PERSON OR  ENTITY  AGREES
 IN WRITING NOT TO DISCLOSE SUCH RECORDS OR PERSONAL INFORMATION TO A LAW
 ENFORCEMENT  AGENCY,  LAW  ENFORCEMENT  OFFICER, OR POLICE AGENCY EXCEPT
 PURSUANT TO THIS SECTION.
   (B) IF AN AGENCY ENTERS INTO A PARTNERSHIP OR AGREEMENT  WITH  ANOTHER
 ENTITY  TO  PROVIDE  SERVICES,  AND  SUCH OTHER ENTITY DIRECTLY COLLECTS
 RECORDS OR PERSONAL INFORMATION PURSUANT TO SUCH A PARTNERSHIP OR AGREE-
 MENT, THE ENTITY MAY NOT DISCLOSE THE RECORDS  OR  PERSONAL  INFORMATION
 OTHER  THAN  PURSUANT  TO  PARAGRAPH  (K), (L), (M), (Q), (R), OR (S) OF
 SUBDIVISION ONE OF THIS SECTION.
   (C) NO AGENCY SHALL ENTER INTO AN AGREEMENT DESCRIBED IN PARAGRAPH (B)
 OF THIS SUBDIVISION WITH ANY POLICE AGENCY OR LAW ENFORCEMENT AGENCY.
   (5) Nothing in this section shall require disclosure of[:
   (a) personal information which is otherwise  prohibited  by  law  from
 being disclosed;
   (b)  patient  records  concerning mental disability or medical records
 where such disclosure is not otherwise required by law;
   (c) personal information pertaining to the incarceration of an  incar-
 cerated  individual at a state correctional facility which is evaluative
 in nature or which, if disclosed, could endanger the life or  safety  of
 any person, unless such disclosure is otherwise permitted by law;
   (d) attorney's work product or material prepared for litigation before
 judicial,  quasi-judicial  or  administrative tribunals, as described in
 subdivisions (c) and (d) of section three thousand one  hundred  one  of
 the  civil  practice law and rules, except pursuant to statute, subpoena
 issued in the course of a criminal action or proceeding,  court  ordered
 or  grand  jury  subpoena, search warrant or other court ordered disclo-
 sure] ANY RECORD OR  PERSONAL  INFORMATION  OR  EXPAND  AN  AGENCY'S  OR
 GOVERNMENTAL  UNIT'S ABILITY TO DISCLOSE ANY RECORD OR PERSONAL INFORMA-
 TION.
   § 3. Section 97 of the public officers law, as added by chapter 652 of
 the laws of 1983, is amended to read as follows:
   § 97. [Civil remedies] REMEDIES.  (1) Any data  subject  aggrieved  by
 any  action taken under this article may seek judicial review and relief
 pursuant to article seventy-eight of the civil practice law and rules.
   (2) IN ANY ACTION BROUGHT UNDER SUBDIVISION ONE OF THIS  SECTION,  THE
 PLAINTIFF MAY SEEK:
 S. 4044--A                          6

   (A) ONE THOUSAND DOLLARS PER VIOLATION OR ACTUAL DAMAGES, WHICHEVER IS
 GREATER; AND
   (B) PUNITIVE DAMAGES; AND
   (C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   (3) IN ASSESSING THE AMOUNT OF PUNITIVE DAMAGES AWARDED TO A PLAINTIFF
 IN  AN  ACTION  BROUGHT UNDER SUBDIVISION ONE OF THIS SECTION, THE COURT
 SHALL CONSIDER:
   (A) THE DEFENDANT'S PATTERN OF VIOLATIONS OF THIS ARTICLE; AND
   (B) THE IMPACT OF THE VIOLATION ON  THE  DATA  SUBJECT'S  EXERCISE  OF
 CONSTITUTIONAL  AND  STATUTORY  RIGHTS,  INCLUDING,  BUT NOT LIMITED TO,
 RELIGION, POLITICAL VIEWS, AND MEDICAL CARE.
   (4) In any proceeding brought under subdivision one of  this  section,
 the  party  defending the action shall bear the burden of proof, and the
 court [may] SHALL, if the data subject [substantially] prevails  against
 any agency [and if the agency lacked a reasonable basis pursuant to this
 article for the challenged action], award to the data subject reasonable
 attorneys' fees and disbursements reasonably incurred.
   [(3)]  (5)  ANY INFORMATION DISCLOSED TO A LAW ENFORCEMENT AGENCY, LAW
 ENFORCEMENT OFFICER, OR POLICE AGENCY IN VIOLATION OF THIS ARTICLE SHALL
 BE INADMISSIBLE AGAINST THE DATA SUBJECT IN A CRIMINAL OR  CIVIL  COURT,
 OR ADMINISTRATIVE PROCEEDING.
   (6) Nothing in this article shall be construed to limit or abridge the
 right  of  any  person  to  obtain judicial review or pecuniary or other
 relief, in any other form or upon any other basis,  otherwise  available
 to a person aggrieved by any agency action under this article.
   § 4. This act shall take effect immediately.

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Senate Bill S4044A

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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