New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXXIII - United Nations Development Corporation
Part 2053 - Personal Privacy Protection Regulations
Section 2053.4 - Disclosure of records or personal information
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 2053.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The corporation may not disclose any record or personal information unless such disclosure is:
(1) pursuant to a written request by or the
voluntary written consent of the data subject, provided that such request or
consent by its terms limits and specifically describes:
(i) the personal information which is
requested to be disclosed;
(ii) the
person or entity to whom such personal information is requested to be
disclosed; and
(iii) the uses which
will be made of such personal information by the person or entity receiving it;
or
(2) to those officers
and employees of, and to those who contract with, the corporation if such
disclosure is necessary to the performance of their official duties pursuant to
a purpose of the corporation required to be accomplished by statute or
executive order or necessary to operate a program specifically authorized by
law; or
(3) subject to disclosure
under the Freedom of Information Law (article 6 of the Public Officers Law)
unless disclosure of such information would constitute an unwarranted invasion
of personal privacy as defined in section
89
(2)(a) of the Public Officers Law [FN*];
or
(4) to officers or employees of
another governmental unit if each category of information sought to be
disclosed is necessary for the receiving governmental unit to operate a program
specifically authorized by statute and if the use for which the information is
requested is not relevant to the purpose for which it was collected;
or
(5) for a routine use, as
defined in section
2053.2 of this Part; or
(6) specifically authorized by statute or
Federal rule or regulation; or
(7)
to the Bureau of the Census for purposes of planning or carrying out a census
or survey or related activity pursuant to the provisions of title XIII of the
United States Code; or
(8) to a
person who has provided the corporation with advance written assurance that the
record will be used solely for the purpose of statistical research or
reporting, but only if it is to be transferred in a form that does not reveal
the identity of any data subject; or
(9) pursuant to a showing of compelling
circumstances affecting the health or safety of a data subject, if upon such
disclosure notification is transmitted to the data subject at his or her last
known address; or
(10) to a public
archival facility as a record which has sufficient historical or other value to
warrant its continued preservation by the state or for evaluation by the head
of the archival facility or his or her designee to determine whether the record
has such value; or
(11) to any
person pursuant to a court ordered subpoena or other compulsory legal process;
or
(12) for inclusion in a public
safety agency record or to any governmental unit or component thereof which
performs as one of its principal functions any activity pertaining to the
enforcement of criminal laws, provided that such record is reasonably described
and is requested solely for a law enforcement function; or
(13) pursuant to a search warrant;
or
(14) to officers or employees of
another agency if the record sought to be disclosed is necessary for the
receiving agency to comply with the mandate of an executive order, but only if
such records are to be used only for statistical research, evaluation or
reporting and are not used in making any determination about a data
subject.
(b) Nothing in this section shall require disclosure of:
(1)
personal information which is otherwise prohibited by law from being
disclosed;
(2) patient records
concerning mental disability or medical records where such disclosure is not
otherwise required by law;
(3)
personal information pertaining to the incarceration of an inmate at a State
correctional facility which is evaluative in nature or which, if disclosed,
could endanger the life or safety of any person, unless such disclosure is
otherwise permitted by law; or
(4)
attorney's work product or material prepared for litigation before judicial,
quasi-judicial or administrative tribunals, as described in section
3101 (c) and
(d) of the Civil Practice Law and Rules,
except pursuant to statute, subpoena issued in the course of a criminal action
or proceeding, court-ordered or grand jury subpoena, search warrant or other
court-ordered disclosure.
[FN*] Section 89(2)(a) of the Freedom of Information Law provides: An unwarranted invasion of personal privacy includes, but shall not be limited to:
(i) disclosure of
employment, medical or credit histories or personal references of applicants
for employment;
(ii) disclosure of
items involving the medical or personal records of a client or patient in a
medical facility;
(iii) sale or
release of lists of names and addresses if such lists would be used for
commercial or fundraising purposes;
(iv) disclosure of information of a personal
nature when disclosure would result in economic or personal hardship to the
subject party and such information is not relevant to the work of the agency
requesting or maintaining it; or
(v) disclosure of information of a personal
nature reported in confidence to an agency and not relevant to the ordinary
work of such agency.
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