NY State Senate Bill 2015-S118

Senate Bill S118

2015-2016 Legislative Session

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

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Archive: Last 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 06, 2016	referred to codes
Jan 07, 2015	referred to codes

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2015-S118 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §50-f, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2175
2011-2012: S263
2013-2014: S560
2017-2018: S4892

2015-S118 (ACTIVE) - Summary

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

2015-S118 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S118

 TITLE OF BILL :  An act to amend the civil rights law, in relation to
regulating the collection, recording and disclosing of confidential
information by state employees obtained by state employees in the
course of official duties

 PURPOSE OR GENERAL IDEA OF BILL :

To maintain any state employee's confidential information obtained by
the employer as confidential.

 SUMMARY OF SPECIFIC PROVISIONS :


Section 1. Amends the Civil Rights Law by adding a new section 50-f.
Defines confidential information to mean any information maintained or
obtained by a state agency, officer or employee concerning an
individual's health or disability status, income tax records, sexual
orientation, status as a victim of domestic violence, status as a
crime victim or witness, public assistance status, immigration status
or other information that is protected from disclosure by any
provision of Federal, State or Local law. Prohibits the disclosure of
confidential information except under certain specific conditions.
Establishes specific criteria for the disclosure of confidential
information. Provides a severability clause.


Section 2 Effective Date

 EXISTING LAW :

None.

 JUSTIFICATION :

Protects the privacy of state employees and prevents them from any
discrimination due to their personal history. By protecting this
confidential information, employees can rest assured that they will
not face discrimination as a result of their background information.

 PRIOR LEGISLATIVE HISTORY :

2014: S.560 - Referred to Codes
2013: S.560 - Referred to Codes
2012: S.263- Referred to Consumer Protection
2011: S.263 - Notice of Committee Consideration requested, Committee
Discharged, Committed to Consumer Protection
2009-10: S.2175 - Referred to Codes/A.307 - Enacting Clause Stricken
2007-08: A.1685 - Referred to Governmental Operations

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
Immediately.

2015-S118 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   118

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  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 by
  state employees 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-f to read as follows:
  S 50-F. DISCLOSURE OF CONFIDENTIAL INFORMATION BY STATE EMPLOYEES.  1.
DEFINITION.  AS  USED  IN THIS SECTION, "CONFIDENTIAL INFORMATION" MEANS
ANY INFORMATION MAINTAINED OR OBTAINED BY A  STATE  AGENCY,  OFFICER  OR
EMPLOYEE  CONCERNING AN INDIVIDUAL'S HEALTH OR DISABILITY STATUS, INCOME
TAX  RECORDS,  SEXUAL  ORIENTATION,  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  "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  HIS  OR
HER 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.

                                                           LBD00902-01-5

S. 118                              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  HIS  OR
HER  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 CONDI-
TION 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. 118                              3

  6.  OTHER  LAWS  RESPECTING  CONFIDENTIALITY.  NOTHING IN THIS SECTION
SHALL BE DEEMED TO REDUCE OR ABRIDGE ANY OTHER  PROTECTION  IN  FEDERAL,
STATE OR LOCAL LAW RESPECTING THE CONFIDENTIALITY OF INFORMATION.
  7. SEVERABILITY. IF ANY SUBDIVISION, SENTENCE, CLAUSE, PHRASE OR OTHER
PORTION OF THIS SECTION IS, FOR ANY REASON, DECLARED UNCONSTITUTIONAL OR
INVALID,  IN  WHOLE  OR IN PART, BY ANY COURT OF COMPETENT JURISDICTION,
SUCH PORTION SHALL BE DEEMED SEVERABLE, AND SUCH UNCONSTITUTIONALITY  OR
INVALIDITY  SHALL  NOT  AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF
THIS SECTION, WHICH REMAINING PORTIONS SHALL CONTINUE IN FULL FORCE  AND
EFFECT.
  S 2. This act shall take effect immediately.

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Senate Bill S118

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Sponsored By

Ruben Diaz