* § 399-ddd. Disclosure of social security number. 1. As used in this
section, "social security account number" shall include the number
issued by the federal social security administration and any number
derived from such number. Such term shall not include any number that
has been encrypted.

2. No person, firm, partnership, association or corporation, not
including the state or its political subdivisions, shall require an
individual to disclose or furnish his or her social security account
number, for any purpose in connection with any activity, or to refuse
any service, privilege or right to an individual wholly or partly
because such individual refuses to disclose or furnish such number,
unless one of the exceptions enumerated in subdivision three of this
section applies.

3. The provisions of this section shall not apply in the following
instances:

(a) The individual consents to the acquisition or use of his or her
social security account number.

(b) The social security account number is expressly required by
federal, state, or local law or regulation.

(c) The social security account number is to be used for internal
verification or fraud investigation.

(d) The social security account number is to be used for any business
function permitted or allowed under the Gramm Leach Bliley Act, P.L.
106-102 (1999).

(e) The social security account number is requested in connection with
a request for credit or a credit transaction initiated by the consumer
or in connection with a lawful request for a consumer report or
investigative consumer report, as such terms are defined in section
three hundred eighty-a of this chapter.

(f) The social security account number is requested in connection with
a deposit account or an investment.

(g) The social security account number is requested for purposes of
employment, including in the course of the administration of a claim,
benefit, or procedure related to the individual's employment by the
person, including the individual's termination from employment,
retirement from employment, injury suffered during the course of
employment, or to check on an unemployment insurance claim of the
individual.

(h) The social security account number is requested for purposes of
tax compliance.

(i) The social security account number is requested for the purpose
of:

i. the collection of child or spousal support;

ii. determining whether an individual has a criminal record; or

iii. blood or organ donation.

(j) The social security account number is requested in connection with
any interaction with a governmental law enforcement agency or is used in
conjunction with the enforcement of a judgment of a court of competent
jurisdiction by a sheriff or marshal.

(k) The social security account number is requested for the purpose of
verifying an individual's identity or age in order to allow such
individual to obtain access to, or enroll in, a marketing program that
is restricted to individuals of a certain age.

(l) i. The social security account number is requested by an
individual, firm, corporation, or other entity doing business pursuant
to a franchise issued by a political subdivision of the state or a
license, franchise, certificate or other authorization issued by the New
York state public service commission.

ii. The social security account number is requested by an individual,
firm, corporation, or other entity regulated by the New York state
public service commission, the federal communications commission, or the
federal energy regulatory commission.

iii. The social security account number is requested by a banking
institution, as defined in section nine-f of the banking law, or one of
its affiliates.

(m) The social security account number is requested by an authorized
insurer, as defined in section one hundred seven of the insurance law,
for the purpose of furnishing information to the Centers for Medicare
and Medicaid Services within the United States Department of Health and
Human Services.

4. Whenever there shall be a violation of this section, application
may be made by the attorney general in the name of the people of the
state of New York to a court or justice having jurisdiction by a special
proceeding to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of such
violation; and if it shall appear to the satisfaction of the court or
justice that the defendant has, in fact, violated this section, an
injunction may be issued by such court or justice, enjoining and
restraining any further violation, without requiring proof that any
person has, in fact, been injured or damaged thereby. In any such
proceeding, the court may make allowances to the attorney general as
provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct
restitution. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of
the relevant facts and to issue subpoenas in accordance with the civil
practice law and rules. Whenever the court shall determine that a
violation of subdivision two of this section has occurred, the court
shall impose a civil penalty of not more than five hundred dollars. The
second offense and any offense committed thereafter shall be punishable
by a civil penalty of not more than one thousand dollars.

5. No person, firm, partnership, association or corporation shall be
deemed to have violated the provisions of this section if such person,
firm, partnership, association or corporation shows, by a preponderance
of the evidence, that the violation was not intentional and resulted
from a bona fide error made notwithstanding the maintenance of
procedures reasonably adopted to avoid such error.

* NB There are 2 § 399-ddd's