Bill Text: NY A10559 | 2009-2010 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2010-04-07 - referred to governmental operations [A10559 Detail]

Download: New_York-2009-A10559-Introduced.html

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                           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:
    1    Section 1. The civil rights law is amended by  adding  a  new  section
    2  50-f to read as follows:
    3    S 50-F. DISCLOSURE OF CONFIDENTIAL INFORMATION BY STATE EMPLOYEES.  1.
    4  DEFINITIONS. AS USED IN THIS SECTION:
    5    A.  "CONFIDENTIAL  INFORMATION"  MEANS  ANY  INFORMATION MAINTAINED OR
    6  OBTAINED BY A STATE AGENCY, OFFICER, OR EMPLOYEE CONCERNING AN  INDIVID-
    7  UAL'S  HEALTH  OR  DISABILITY  STATUS, INCOME TAX RECORDS, SEXUAL ORIEN-
    8  TATION, STATUS AS A VICTIM OF  DOMESTIC  VIOLENCE,  STATUS  AS  A  CRIME
    9  VICTIM  OR WITNESS, PUBLIC ASSISTANCE STATUS, IMMIGRATION STATUS, OR ANY
   10  INFORMATION THAT IS OTHERWISE PROTECTED FROM DISCLOSURE BY ANY PROVISION
   11  OF FEDERAL, STATE, OR LOCAL LAW; AND
   12    B. "LINE WORKER" MEANS ANY PERSON EMPLOYED BY ANY STATE  AGENCY  WHOSE
   13  DUTIES INVOLVE CONTACT WITH THE PUBLIC.
   14    2. PROCEDURE FOR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.
   15    A.  EXCEPT  AS  PROVIDED  IN PARAGRAPH B OF THIS SUBDIVISION, NO STATE
   16  OFFICER OR EMPLOYEE SHALL DISCLOSE CONFIDENTIAL  INFORMATION  TO  ANYONE
   17  EXCEPT  ANOTHER  STATE OFFICER OR EMPLOYEE ACTING IN THE SCOPE OF HIS OR
   18  HER OFFICIAL DUTIES.
   19    B. OTHER THAN AS PROVIDED IN PARAGRAPH A OF THIS  SUBDIVISION,  CONFI-
   20  DENTIAL INFORMATION MAY BE DISCLOSED ONLY IF:
   21    (I)  THE OFFICER'S OR EMPLOYEE'S AGENCY IS REQUIRED BY LAW TO DISCLOSE
   22  SUCH CONFIDENTIAL INFORMATION AND PROVIDED THAT SUCH DISCLOSURE SHALL BE
   23  LIMITED TO THAT REQUIRED BY LAW; OR
   24    (II) THE OFFICER'S OR EMPLOYEE'S AGENCY HAS BEEN AUTHORIZED, IN  WRIT-
   25  ING  SIGNED BY THE INDIVIDUAL OR, IF THE INDIVIDUAL IS A MINOR OR OTHER-
   26  WISE INCOMPETENT, SUCH AUTHORIZATION HAS BEEN SIGNED BY THE INDIVIDUAL'S
   27  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
    1  PROVIDED THAT THE DISCLOSURE SHALL BE  LIMITED  TO  THAT  AUTHORIZED  IN
    2  WRITING BY THE INDIVIDUAL; OR
    3    (III)  THERE IS REASONABLE SUSPICION OR PROBABLE CAUSE TO BELIEVE THAT
    4  A PERSON IS ENGAGING IN CRIMINAL ACTIVITY AND THE DISCLOSURE  OF  CONFI-
    5  DENTIAL  INFORMATION  IS  NECESSARY  TO COOPERATE WITH A LAW ENFORCEMENT
    6  AGENCY OR AGENCIES INVESTIGATING THAT CRIMINAL ACTIVITY; OR
    7    (IV) SUCH CONFIDENTIAL INFORMATION IS TO BE USED BY A FEDERAL,  STATE,
    8  OR  LOCAL  GOVERNMENT  AGENCY,  AND  SOLELY FOR THE PURPOSE OF COMPILING
    9  STATISTICAL INFORMATION, PROVIDED THAT THE DISCLOSURE SHALL  BE  LIMITED
   10  TO  THAT NECESSARY TO COMPILE SUCH STATISTICAL INFORMATION, AND PROVIDED
   11  FURTHER THAT THE RECIPIENT OF THE INFORMATION  ENSURES,  IN  WRITING  IN
   12  ADVANCE  OF  ANY DISCLOSURE, THAT THE CONFIDENTIAL INFORMATION DISCLOSED
   13  WILL NOT BE FURTHER DISCLOSED TO ANY OTHER AGENCY OR OTHER INDIVIDUAL.
   14    3. PROCEDURE FOR  THE  COLLECTING  AND/OR  RECORDING  OF  CONFIDENTIAL
   15  INFORMATION.  THIS  SUBDIVISION  SHALL APPLY TO ANY DOCUMENTATION, QUES-
   16  TIONNAIRE, INTERVIEW SHEET, OR OTHER FORM USED IN RELATION  TO  BENEFITS
   17  OR SERVICES PROVIDED BY THE STATE.
   18    A.  NO STATE OFFICER OR EMPLOYEE SHALL MAKE INQUIRIES REGARDING CONFI-
   19  DENTIAL INFORMATION OF ANY INDIVIDUAL, WHEN SUCH INDIVIDUAL, ON  HIS  OR
   20  HER  BEHALF  OR  ON BEHALF OF ANOTHER, IS APPLYING FOR, OR IS RECEIVING,
   21  ANY SERVICE OR BENEFIT PROVIDED BY THE STATE, UNLESS  SUCH  CONFIDENTIAL
   22  INFORMATION IS SPECIFICALLY REQUIRED BY FEDERAL OR STATE LAW AS A CONDI-
   23  TION OF RECEIPT OF SUCH SERVICE OR BENEFIT.
   24    B.  IF CONFIDENTIAL INFORMATION IS REQUIRED BY FEDERAL OR STATE LAW AS
   25  A CONDITION OF RECEIPT OF A SERVICE OR BENEFIT PROVIDED  BY  THE  STATE,
   26  THE  STATE OFFICER OR EMPLOYEE SHALL MAKE ONLY THOSE INQUIRIES NECESSARY
   27  TO DETERMINE IF AN APPLICANT OR RECIPIENT IS QUALIFIED FOR AND OTHERWISE
   28  MEETS THE CONDITIONS FOR RECEIPT OF SUCH SERVICE OR BENEFIT.
   29    C. NO STATE OFFICER OR EMPLOYEE SHALL COLLECT AND/OR  RECORD  INFORMA-
   30  TION  REGARDING THE IMMIGRATION STATUS OF AN APPLICANT FOR, OR RECIPIENT
   31  OF, ANY SERVICE OR BENEFIT UNLESS SUCH IMMIGRATION STATUS IS REQUIRED BY
   32  FEDERAL OR STATE LAW. WHERE FEDERAL OR STATE LAW REQUIRES THE  RECORDING
   33  OF  SUCH CONFIDENTIAL IMMIGRATION STATUS INFORMATION, ONLY THAT INFORMA-
   34  TION SPECIFICALLY REQUIRED SHALL BE RECORDED.
   35    4. DESIGNATION OF  ACCESS  OFFICER  RESPONSIBLE  FOR  AUTHORIZING  THE
   36  RELEASE  OF CONFIDENTIAL INFORMATION. THE HEAD OR GOVERNING BODY OF EACH
   37  AGENCY SHALL DESIGNATE ONE OR MORE PERSONS WITH  SUPERVISORY  AUTHORITY,
   38  AND  ASSIGN TO SUCH PERSONS THE FURTHER AUTHORITY TO APPROVE AND AUTHOR-
   39  IZE THE RELEASE  OF  CONFIDENTIAL  INFORMATION.  THE  DESIGNATION  SHALL
   40  INCLUDE  THE  NAME,  SPECIFIC  JOB TITLE, TELEPHONE NUMBER, AND BUSINESS
   41  ADDRESS OF EACH SUCH  DESIGNATED  ACCESS  OFFICER.  WHEN  APPROVING  AND
   42  AUTHORIZING THE RELEASE OF CONFIDENTIAL INFORMATION, A DESIGNATED ACCESS
   43  OFFICER  SHALL  SPECIFY,  IN  WRITING,  THE  SPECIFIC  INFORMATION TO BE
   44  DISCLOSED, AND THE PERSONS OR ENTITIES TO WHOM SUCH DISCLOSURE SHALL  BE
   45  MADE.  THE DESIGNATED ACCESS OFFICER SHALL ENSURE THAT ANY DISCLOSURE IS
   46  AUTHORIZED BY LAW AND WITHIN THE LIMITS AS PROVIDED BY LAW.
   47    5. DISCLOSURE BY LINE WORKERS OF  CONFIDENTIAL  INFORMATION.  NO  LINE
   48  WORKER  EMPLOYED  BY A STATE AGENCY SHALL DISCLOSE CONFIDENTIAL INFORMA-
   49  TION WITHOUT OBTAINING PRIOR WRITTEN APPROVAL FROM A  DESIGNATED  ACCESS
   50  OFFICER  RESPONSIBLE FOR APPROVING AND AUTHORIZING THE RELEASE OF CONFI-
   51  DENTIAL INFORMATION FOR THAT AGENCY.
   52    6. REVIEW OF A COMPLAINT. UPON RECEIPT OF A COMPLAINT, THE STATE AGEN-
   53  CY SHALL DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS  FOR
   54  AN  INVESTIGATION.  SUCH  INVESTIGATION  SHALL  BE CONDUCTED IN A MANNER
   55  PRESCRIBED IN THE REGULATIONS SET FORTH BY THE  DIRECTOR  OF  THE  STATE
   56  AGENCY  OR  AN  AUTHORIZED REPRESENTATIVE. IF THE DIRECTOR OR AUTHORIZED
       A. 10559                            3
    1  REPRESENTATIVE DETERMINES THAT THE INVESTIGATION AND RESOLUTION OF  SUCH
    2  COMPLAINT  IS  MORE  SUITABLY HANDLED BY ANOTHER STATE AGENCY, THEN SUCH
    3  DIRECTOR OR AUTHORIZED REPRESENTATIVE  SHALL  IMMEDIATELY  FORWARD  SUCH
    4  COMPLAINT  TO  THE APPROPRIATE AGENCY. THE STATE AGENCY SHALL MAINTAIN A
    5  FILE CONCERNING SUCH COMPLAINTS  THROUGH  SUCH  AGENCY'S  COMPLETION  OR
    6  ACTION  THEREON. ANY STATE AGENCY RECEIVING A COMPLAINT PURSUANT TO THIS
    7  SUBDIVISION SHALL PROVIDE UPON REQUEST,  WRITTEN  NOTICE  OF  THE  FINAL
    8  DETERMINATION OF OR ACTION UPON SUCH COMPLAINT.
    9    7.  VIOLATION.  ANY  STATE  AGENCY WHICH EMPLOYS A PERSON WHO HAS BEEN
   10  CHARGED WITH THE DISCLOSURE OF CONFIDENTIAL INFORMATION IN VIOLATION  OF
   11  THE PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF AN
   12  AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS.
   13    8.  OTHER  LAWS  RESPECTING CONFIDENTIALITY. NOTHING HEREIN REDUCES OR
   14  ABRIDGES ANY OTHER PROTECTION IN FEDERAL, STATE, OR LOCAL LAW RESPECTING
   15  THE CONFIDENTIALITY OF INFORMATION.
   16    9. SEVERABILITY. IF ANY SECTION, SUBDIVISION, SENTENCE, CLAUSE, PHRASE
   17  OR OTHER PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED  UNCONSTI-
   18  TUTIONAL  OR  INVALID,  IN  WHOLE  OR IN PART, BY ANY COURT OF COMPETENT
   19  JURISDICTION, SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH UNCONSTI-
   20  TUTIONALITY OR INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING
   21  PORTIONS OF THIS SECTION, WHICH REMAINING  PORTIONS  SHALL  CONTINUE  IN
   22  FULL FORCE AND EFFECT.
   23    S  2.  This act shall take effect immediately; provided, however, that
   24  effective immediately, the addition, amendment and/or repeal of any rule
   25  or regulation necessary for the implementation of this act on its effec-
   26  tive date are authorized and directed to be made  and  completed  on  or
   27  before such effective date.