New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle U - Division of Criminal Justice Services
Chapter II - Identification And Informational Services
Part 6051 - Access To Criminal History Record Information And Fees For Conducting Criminal History Record Searches
Section 6051.1 - Security, privacy, and limitations on access

Universal Citation: 9 NY Comp Codes Rules and Regs § 6051.1

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The Division of Criminal Justice Services (DCJS) shall safeguard the security and privacy of criminal history record information (CHRI) and shall not release CHRI in any form that can be identified with the subjects of such CHRI, except in the following circumstances:

(1) When explicitly authorized by a New York statute which specifically authorizes the release of CHRI.

(2) When the release of such information is necessary or appropriate to allow a governmental entity within or without the State to implement or comply with a Federal statute or regulation, or criminal justice site security policy; a statute of this or another state; or a local law or ordinance of a municipality or political subdivision of this State. Determining whether to release CHRI under this paragraph in particular cases is within the commissioner's discretion. The commissioner may consider whether intrusions on privacy outweigh the public need that the provision in question be implemented or followed.

(3) In connection with applications of persons who are required to access DCJS or Federal Bureau of Investigation (FBI) criminal justice information systems or data; engaged in the process of capturing fingerprints for submissions to DCJS or the FBI for criminal history background checks; or responsible for reviewing the results of such fingerprint-based background checks.

(4) When the CHRI concerns a person whose background is being reviewed in connection with executive branch appointment or nomination to a State or judicial office that is not otherwise covered by Civil Service Law, section 50(4).

(5) For background checks conducted pursuant to statute, DCJS may, unless otherwise precluded by State statute, notify the print contributor of subsequent arrests of the subject individual.

(6) When CHRI is requested by a qualified agency as defined in Executive Law, section 835(9) for an authorized criminal justice function as defined in Executive Law, section 835(10) of such agency.

(7) When an individual requests a copy of his or her own CHRI pursuant to Part 6050 of this Title.

(8) When in the commissioner's judgement such release is required in an emergency, or for compelling considerations of public safety, or for other case of extraordinary need.

(b) Release of sealed CHRI data shall be made in accordance with Criminal Procedure Law, sections 160.50, 160.55, and 725.15.

(d) Statistical summaries of CHRI may be released for public dissemination pursuant to Executive Law, section 837(4)(a).

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