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NY A11680

Bill

Status

Introduced

8/4/2010

Primary Sponsor

Hakeem Jeffries

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Adds Civil Rights Law Section 50-F to prohibit state officers and employees from disclosing confidential information (including health status, income tax records, sexual orientation, domestic violence victim status, crime victim/witness status, public assistance status, and immigration status) except to other state officers/employees acting in official capacity or as otherwise permitted by law.

  • Permits disclosure of confidential information only when: (1) required by law with disclosure limited to that requirement; (2) authorized in writing by the individual, parent, or legal guardian; or (3) necessary to cooperate with law enforcement investigating criminal activity.

  • Restricts state officers and employees from collecting or recording confidential information during applications for state benefits or services unless specifically required by federal or state law, and limits inquiries to only those necessary to determine eligibility.

  • Establishes penalties of at least $100 for unauthorized disclosure violations, increasing to at least $300 for each violation occurring within five years of a prior violation.

  • Creates a private right of action allowing individuals whose confidential information was unlawfully disclosed to sue for injunctive relief and recover the greater of actual damages or $1,000, plus costs and attorney's fees.

Legislative Description

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

Last Action

referred to governmental operations

8/4/2010

Committee Referrals

Governmental Operations8/4/2010

Full Bill Text

No bill text available