Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 92
Definitions
Public Officers (PBO) CHAPTER 47, ARTICLE 6-A
§ 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
eighty-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) Governmental unit. The term "governmental unit" means any
governmental entity performing a governmental or proprietary function
for the federal government or for any state or any municipality thereof.

(6) Law. The term "law" means state or federal statute, rule or
regulation.

(7) Personal information. The term "personal information" means any
information concerning a data subject which, because of name, number,
symbol, mark or other identifier, can be used to identify that data
subject.

(8) Public safety agency record. The term "public safety agency
record" means a record of the state commission of correction, the
temporary 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 component thereof whose primary function is the enforcement of
civil or criminal 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) Record. The term "record" means any item, collection or grouping
of personal information about a data subject which is maintained 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
telephone 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
information; or

(f) correspondence files.

(10) 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) 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.