NY State Senate Bill 2025-S1360

Senate Bill S1360

2025-2026 Legislative Session

Establishes a process for the regulation of collecting, recording, and disclosing confidential information by state employees

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Current Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2025	referred to codes

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2025-S1360 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §50-h, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1327
2011-2012: S2719
2013-2014: S924
2015-2016: S1179
2017-2018: S3063
2019-2020: S5241
2021-2022: S1436
2023-2024: S1518

2025-S1360 (ACTIVE) - Summary

Establishes a process for regulating the collecting, recording, and disclosing of confidential information by state employees.

2025-S1360 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1360

SPONSOR: SERRANO
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will make it the policy of state employees to keep sensitive
information they encounter while performing the functions of their job
confidential. Exceptions are made for disclosures necessary to perform
essential tasks and those that are required by law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Adds a new section 50-g to the civil rights law.

 
JUSTIFICATION:

This bill will protect sensitive information and allow individuals to
rest assured that the information they provide to agents of the state
will be held in confidence. Encouraging greater candor in dealings with
state agencies will result in increasingly effective agencies, safer
streets and greater protections of privacy within New York.

Confidential information under this law includes any information
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 crime victim or witness, public assistance status,
immigration status, or any information otherwise protected from disclo-
sure by any provision of federal, state, or local law.

Additionally, a mechanism to allow individuals to register complaints
about uncooperative employees and a civil penalty to be levied against
non-compliant agencies will help to enforce this legislation.

 
PRIOR LEGISLATIVE HISTORY:

2008: S.6738 - Referred to Codes 2009-10: S.1327 - Referred to Codes

2011-12: S.2719 - Referred to Codes

2013-14: S.924 - Referred to Codes

2015-16: S.1179 - Referred to Codes

2017-18: S.3063 - Referred to Codes

2019-20: S.5241 - Referred to Codes

2021-22: S.1436 - Referred to Codes

2023-24: S1518 - Referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that effec-
tive immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date is authorized and directed to be made and completed on or before
such effective date.

2025-S1360 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1360
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by Sens. SERRANO, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 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-h to read as follows:
   § 50-H. 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  SUCH
 PERSON'S 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03126-01-5
 S. 1360                             2

 
   (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
 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 THE
 INDIVIDUAL'S 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 CONDITION 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.
 S. 1360                             3
 
   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
 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.
   §  2.  This  act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S1360

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Sponsored By

Jose M. Serrano