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

                                  10559

                          I N  A S S E M B L Y

                              April 7, 2010
                               ___________

Introduced by M. of A. CASTRO -- read once and referred to the Committee
  on Governmental Operations

AN  ACT  to  amend  the  civil rights law, in relation to regulating the
  collection,  recording  and  disclosing  of  confidential  information
  obtained by state employees 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. The civil rights law is amended by  adding  a  new  section
50-f to read as follows:
  S 50-F. DISCLOSURE OF CONFIDENTIAL INFORMATION BY STATE EMPLOYEES.  1.
DEFINITIONS. AS USED IN THIS SECTION:
  A.  "CONFIDENTIAL  INFORMATION"  MEANS  ANY  INFORMATION MAINTAINED OR
OBTAINED BY A STATE AGENCY, OFFICER, 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; AND
  B. "LINE WORKER" MEANS ANY PERSON EMPLOYED BY ANY STATE  AGENCY  WHOSE
DUTIES INVOLVE CONTACT WITH THE PUBLIC.
  2. PROCEDURE FOR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
  A.  EXCEPT  AS  PROVIDED  IN PARAGRAPH B OF THIS SUBDIVISION, NO STATE
OFFICER OR EMPLOYEE SHALL DISCLOSE CONFIDENTIAL  INFORMATION  TO  ANYONE
EXCEPT  ANOTHER  STATE OFFICER OR EMPLOYEE ACTING IN THE SCOPE OF HIS OR
HER OFFICIAL DUTIES.
  B. OTHER THAN AS PROVIDED IN PARAGRAPH A OF THIS  SUBDIVISION,  CONFI-
DENTIAL INFORMATION MAY BE DISCLOSED ONLY IF:
  (I)  THE OFFICER'S OR EMPLOYEE'S AGENCY IS REQUIRED BY LAW TO DISCLOSE
SUCH CONFIDENTIAL INFORMATION AND PROVIDED THAT SUCH DISCLOSURE SHALL BE
LIMITED TO THAT REQUIRED BY LAW; OR
  (II) THE OFFICER'S OR EMPLOYEE'S AGENCY HAS BEEN AUTHORIZED, IN  WRIT-
ING  SIGNED BY THE INDIVIDUAL OR, IF THE INDIVIDUAL IS A MINOR OR OTHER-
WISE INCOMPETENT, SUCH AUTHORIZATION HAS BEEN SIGNED BY THE INDIVIDUAL'S
PARENT OR LEGAL GUARDIAN, TO DISCLOSE SUCH CONFIDENTIAL INFORMATION, AND

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

                                                           LBD03680-01-9

A. 10559                            2

PROVIDED THAT THE DISCLOSURE SHALL BE  LIMITED  TO  THAT  AUTHORIZED  IN
WRITING BY THE INDIVIDUAL; OR
  (III)  THERE IS REASONABLE SUSPICION OR PROBABLE CAUSE TO BELIEVE THAT
A PERSON IS ENGAGING IN CRIMINAL ACTIVITY AND THE DISCLOSURE  OF  CONFI-
DENTIAL  INFORMATION  IS  NECESSARY  TO COOPERATE WITH A LAW ENFORCEMENT
AGENCY OR AGENCIES INVESTIGATING THAT CRIMINAL ACTIVITY; OR
  (IV) SUCH CONFIDENTIAL INFORMATION IS TO BE USED BY A FEDERAL,  STATE,
OR  LOCAL  GOVERNMENT  AGENCY,  AND  SOLELY FOR THE PURPOSE OF COMPILING
STATISTICAL INFORMATION, PROVIDED THAT THE DISCLOSURE SHALL  BE  LIMITED
TO  THAT NECESSARY TO COMPILE SUCH STATISTICAL INFORMATION, AND PROVIDED
FURTHER THAT THE RECIPIENT OF THE INFORMATION  ENSURES,  IN  WRITING  IN
ADVANCE  OF  ANY DISCLOSURE, THAT THE CONFIDENTIAL INFORMATION DISCLOSED
WILL NOT BE FURTHER DISCLOSED TO ANY OTHER AGENCY OR OTHER INDIVIDUAL.
  3. PROCEDURE FOR  THE  COLLECTING  AND/OR  RECORDING  OF  CONFIDENTIAL
INFORMATION.  THIS  SUBDIVISION  SHALL APPLY TO ANY DOCUMENTATION, QUES-
TIONNAIRE, INTERVIEW SHEET, OR OTHER FORM USED IN RELATION  TO  BENEFITS
OR SERVICES PROVIDED BY THE STATE.
  A.  NO STATE OFFICER OR EMPLOYEE SHALL MAKE INQUIRIES REGARDING CONFI-
DENTIAL INFORMATION OF ANY INDIVIDUAL, WHEN SUCH INDIVIDUAL, ON  HIS  OR
HER  BEHALF  OR  ON BEHALF OF ANOTHER, IS APPLYING FOR, OR IS RECEIVING,
ANY SERVICE OR BENEFIT PROVIDED BY THE STATE, UNLESS  SUCH  CONFIDENTIAL
INFORMATION IS SPECIFICALLY REQUIRED BY FEDERAL OR STATE LAW AS A CONDI-
TION OF RECEIPT OF SUCH SERVICE OR BENEFIT.
  B.  IF CONFIDENTIAL INFORMATION IS REQUIRED BY FEDERAL OR STATE LAW AS
A CONDITION OF RECEIPT OF A SERVICE OR BENEFIT PROVIDED  BY  THE  STATE,
THE  STATE OFFICER OR EMPLOYEE SHALL MAKE ONLY THOSE INQUIRIES NECESSARY
TO DETERMINE IF AN APPLICANT OR RECIPIENT IS QUALIFIED FOR AND OTHERWISE
MEETS THE CONDITIONS FOR RECEIPT OF SUCH SERVICE OR BENEFIT.
  C. NO STATE OFFICER OR EMPLOYEE SHALL COLLECT AND/OR  RECORD  INFORMA-
TION  REGARDING THE IMMIGRATION STATUS OF AN APPLICANT FOR, OR RECIPIENT
OF, ANY SERVICE OR BENEFIT UNLESS SUCH IMMIGRATION STATUS IS REQUIRED BY
FEDERAL OR STATE LAW. WHERE FEDERAL OR STATE LAW REQUIRES THE  RECORDING
OF  SUCH CONFIDENTIAL IMMIGRATION STATUS INFORMATION, ONLY THAT INFORMA-
TION SPECIFICALLY REQUIRED SHALL BE RECORDED.
  4. DESIGNATION OF  ACCESS  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,
AND  ASSIGN TO SUCH PERSONS THE FURTHER AUTHORITY TO APPROVE AND AUTHOR-
IZE THE RELEASE  OF  CONFIDENTIAL  INFORMATION.  THE  DESIGNATION  SHALL
INCLUDE  THE  NAME,  SPECIFIC  JOB TITLE, TELEPHONE NUMBER, AND BUSINESS
ADDRESS OF EACH SUCH  DESIGNATED  ACCESS  OFFICER.  WHEN  APPROVING  AND
AUTHORIZING THE RELEASE OF CONFIDENTIAL INFORMATION, A DESIGNATED ACCESS
OFFICER  SHALL  SPECIFY,  IN  WRITING,  THE  SPECIFIC  INFORMATION TO BE
DISCLOSED, AND THE PERSONS OR ENTITIES TO WHOM SUCH DISCLOSURE SHALL  BE
MADE.  THE DESIGNATED ACCESS OFFICER SHALL ENSURE THAT ANY DISCLOSURE IS
AUTHORIZED BY LAW AND WITHIN THE LIMITS AS PROVIDED BY LAW.
  5. DISCLOSURE BY LINE WORKERS OF  CONFIDENTIAL  INFORMATION.  NO  LINE
WORKER  EMPLOYED  BY A STATE AGENCY SHALL DISCLOSE CONFIDENTIAL INFORMA-
TION WITHOUT OBTAINING PRIOR WRITTEN APPROVAL FROM A  DESIGNATED  ACCESS
OFFICER  RESPONSIBLE FOR APPROVING AND AUTHORIZING THE RELEASE OF CONFI-
DENTIAL INFORMATION FOR THAT AGENCY.
  6. REVIEW OF A COMPLAINT. UPON RECEIPT OF A COMPLAINT, THE STATE AGEN-
CY SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS  FOR
AN  INVESTIGATION.  SUCH  INVESTIGATION  SHALL  BE CONDUCTED IN A MANNER
PRESCRIBED IN THE REGULATIONS SET FORTH BY THE  DIRECTOR  OF  THE  STATE
AGENCY  OR  AN  AUTHORIZED REPRESENTATIVE. IF THE DIRECTOR OR AUTHORIZED

A. 10559                            3

REPRESENTATIVE DETERMINES THAT THE INVESTIGATION AND RESOLUTION OF  SUCH
COMPLAINT  IS  MORE  SUITABLY HANDLED BY ANOTHER STATE AGENCY, THEN SUCH
DIRECTOR OR AUTHORIZED REPRESENTATIVE  SHALL  IMMEDIATELY  FORWARD  SUCH
COMPLAINT  TO  THE APPROPRIATE AGENCY. THE STATE AGENCY SHALL MAINTAIN A
FILE CONCERNING SUCH COMPLAINTS  THROUGH  SUCH  AGENCY'S  COMPLETION  OR
ACTION  THEREON. ANY STATE AGENCY RECEIVING A COMPLAINT PURSUANT TO THIS
SUBDIVISION SHALL PROVIDE UPON REQUEST,  WRITTEN  NOTICE  OF  THE  FINAL
DETERMINATION OF OR ACTION UPON SUCH COMPLAINT.
  7.  VIOLATION.  ANY  STATE  AGENCY WHICH EMPLOYS A PERSON WHO HAS BEEN
CHARGED WITH THE DISCLOSURE OF CONFIDENTIAL INFORMATION IN VIOLATION  OF
THE PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF AN
AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS.
  8.  OTHER  LAWS  RESPECTING CONFIDENTIALITY. NOTHING HEREIN REDUCES OR
ABRIDGES ANY OTHER PROTECTION IN FEDERAL, STATE, OR LOCAL LAW RESPECTING
THE CONFIDENTIALITY OF INFORMATION.
  9. SEVERABILITY. IF ANY SECTION, SUBDIVISION, SENTENCE, CLAUSE, PHRASE
OR OTHER PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED  UNCONSTI-
TUTIONAL  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 SECTION, WHICH REMAINING  PORTIONS  SHALL  CONTINUE  IN
FULL FORCE AND EFFECT.
  S  2.  This act shall take effect immediately; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.