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

4 Co-sponsors

• Martin Malavé Dilan
• Liz Krueger
• Bill Perkins
• Toby Ann Stavisky

BILL NUMBER:S924

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-f 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 individual's health or disability status, income tax records, sexual orientation, status as a crime victim or witness, public assistance status, immigration status, or any information otherwise protected from disclosure 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 Serrano - Referred to Codes 2009-10: Senate referred to Codes & Assembly Referred to Governmental Operations 2011-12; S.2719

Fiscal implications

To be determined.

Effective date

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