S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    938
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05365-01-1

 A. 938                              2
 
 as well as adhering to the concerns of  the  second  circuit,  the  city
 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-

 A. 938                              3
 
 DENTIAL  INFORMATION IS SPECIFICALLY REQUIRED BY FEDERAL OR STATE LAW AS
 A CONDITION OF RECEIPT OF SUCH SERVICE OR BENEFIT.
   (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.