Can I collect location information from participants in New York? What are the requirements?

Based on the provided documents, it appears that you may collect location information from participants in New York, but there are specific requirements that must be followed.

Relevant Regulations

The following regulations provide information regarding the procedures by which members of the public may assert rights granted by the Personal Privacy Protection Law:

• 9 NYCRR 5401.1 Access to personal information
• 9 NYCRR 6402.1 Purpose and scope

Requirements

• Personal information will be collected, whenever practicable, directly from the person to whom the information pertains. [9 NYCRR 6402.1(b)]
• The council shall maintain in its records only such personal information that is relevant and necessary to accomplish a purpose of the council that is required to be accomplished by statute or executive order, or to implement a program specifically authorized by law. [9 NYCRR 6402.1(b)]
• The council seeks to ensure that all records pertaining to or used with respect to individuals are accurate, relevant, timely and complete. [9 NYCRR 6402.1(d)]
• When collecting personal information, the council must comply with the Personal Privacy Protection Law and the regulations in this Part. [9 NYCRR 6402.2(a)]
• The council must designate a privacy compliance officer who is responsible for ensuring that the agency complies with the provisions of the Personal Privacy Protection Law and the regulations in this Part. [9 NYCRR 6402.2(a)]
• The privacy compliance officer and/or his deputies are responsible for assisting a data subject in identifying and requesting personal information, describing the contents of systems of records, taking one of the following actions upon locating the record sought, making a copy available, upon request, upon payment of or offer to pay established fees, if any, or permitting the data subject to copy the records, upon request, certifying that a copy of a record is a true copy, and certifying, upon request, that the council does not have possession of the record sought, the council cannot locate the record sought after having made a diligent search, or the information sought cannot be retrieved by use of the description thereof, or by use of the name or other identifier of the data subject without extraordinary search methods being employed by the council. [9 NYCRR 6402.2(d)]
• Records shall be made available at the main office of the council, which is located at 80 Centre Street, New York, NY 10013. [9 NYCRR 6402.4(a)]
• Denial of a request for records or amendment or correction of a record or personal information shall be in writing, explaining the reasons therefor, and identifying the person to whom an appeal may be directed. [9 NYCRR 6402.8(a)]
• Requests for public access to records shall be accepted and records produced during all hours the division is regularly open for business. [9 NYCRR 2650.3(e)]

Conclusion

Based on the regulations cited above, it appears that you may collect location information from participants in New York, but you must comply with the Personal Privacy Protection Law and the regulations in this Part. You must also ensure that the personal information collected is relevant and necessary to accomplish a purpose of the council that is required to be accomplished by statute or executive order, or to implement a program specifically authorized by law. Additionally, you must designate a privacy compliance officer who is responsible for ensuring that the agency complies with the provisions of the Personal Privacy Protection Law and the regulations in this Part. Finally, records shall be made available at the main office of the council, and requests for public access to records shall be accepted and records produced during all hours the division is regularly open for business.

Jurisdiction

New York

• Privacy