Legislation
SECTION 111-V
Confidentiality, integrity, and security of information
Social Services (SOS) CHAPTER 55, ARTICLE 3, TITLE 6-A
§ 111-v. Confidentiality, integrity, and security of information. 1.
The department, in consultation with appropriate agencies including but
not limited to the New York state office for the prevention of domestic
violence, shall by regulation prescribe and implement safeguards on the
confidentiality, integrity, accuracy, access, and the use of all
confidential information and other data handled or maintained, including
data obtained pursuant to section one hundred eleven-o of this article
and including such information and data maintained in the automated
child support enforcement system. Such information and data shall be
maintained in a confidential manner designed to protect the privacy
rights of the parties and shall not be disclosed except for the purpose
of, and to the extent necessary to, establish paternity, or establish,
modify or enforce an order of support.
2. These safeguards shall include provisions for the following:
(a) Policies restricting access to and sharing of information and
data, including:
(1) safeguards against unauthorized use or disclosure of information
relating to procedures or actions to establish paternity or to establish
or enforce support;
(2) prohibitions against the release of information on the whereabouts
of one party to another party against whom an order of protection with
respect to the former party has been entered; and
(3) prohibitions against the release of information on the whereabouts
of one party to another party if the department has reason to believe
that the release of the information may result in the physical or
emotional harm to the former party.
(b) Systems controls to ensure strict adherence to policies.
(c) Monitoring of access to and use of the automated system to prevent
unauthorized access or use.
(d) Training in security procedures for all staff with access, and
provisions of information regarding these requirements and penalties.
(e) Administrative penalties for unauthorized access, disclosure, or
use of confidential data.
3. If any person discloses confidential information in violation of
this section, any individual who incurs damages due to the disclosure
may recover such damages in a civil action.
4. Any person who willfully releases or permits the release of any
confidential information obtained pursuant to this title to persons or
agencies not authorized by this title or regulations promulgated
thereunder to receive it shall be guilty of a class A misdemeanor.
5. The safeguards established pursuant to this section shall apply to
staff of the department, local social services districts, and any
contractor.
The department, in consultation with appropriate agencies including but
not limited to the New York state office for the prevention of domestic
violence, shall by regulation prescribe and implement safeguards on the
confidentiality, integrity, accuracy, access, and the use of all
confidential information and other data handled or maintained, including
data obtained pursuant to section one hundred eleven-o of this article
and including such information and data maintained in the automated
child support enforcement system. Such information and data shall be
maintained in a confidential manner designed to protect the privacy
rights of the parties and shall not be disclosed except for the purpose
of, and to the extent necessary to, establish paternity, or establish,
modify or enforce an order of support.
2. These safeguards shall include provisions for the following:
(a) Policies restricting access to and sharing of information and
data, including:
(1) safeguards against unauthorized use or disclosure of information
relating to procedures or actions to establish paternity or to establish
or enforce support;
(2) prohibitions against the release of information on the whereabouts
of one party to another party against whom an order of protection with
respect to the former party has been entered; and
(3) prohibitions against the release of information on the whereabouts
of one party to another party if the department has reason to believe
that the release of the information may result in the physical or
emotional harm to the former party.
(b) Systems controls to ensure strict adherence to policies.
(c) Monitoring of access to and use of the automated system to prevent
unauthorized access or use.
(d) Training in security procedures for all staff with access, and
provisions of information regarding these requirements and penalties.
(e) Administrative penalties for unauthorized access, disclosure, or
use of confidential data.
3. If any person discloses confidential information in violation of
this section, any individual who incurs damages due to the disclosure
may recover such damages in a civil action.
4. Any person who willfully releases or permits the release of any
confidential information obtained pursuant to this title to persons or
agencies not authorized by this title or regulations promulgated
thereunder to receive it shall be guilty of a class A misdemeanor.
5. The safeguards established pursuant to this section shall apply to
staff of the department, local social services districts, and any
contractor.