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

Based on the provided documents, it is possible to collect server log information from participants in New York, but there are specific requirements that must be followed.

Requirements for collecting server log information

According to NYCL GBS § 89-CC, process servers in New York must maintain a legible record of all service made by them. The record to be maintained shall include the following information, where applicable:

• The title of the action or a reasonable abbreviation thereof;
• The name of the person served, if known;
• The date and approximate time service was effected;
• The address where service was effected;
• The nature of the papers served;
• The court in which the action has been commenced;
• The index number of the action, if known;
• If service is effectuated pursuant to subdivision four of section three hundred eight of the civil practice law and rules or subdivision one of section seven hundred thirty-five of the real property actions and proceedings law, a description of the color of the door to which the summons is affixed;
• The process serving agency from whom the process served was received, if any;
• Type of service effected whether personal, substituted or conspicuous;
• If service is effected pursuant to subdivision one, two or three of section three hundred eight of the civil practice law and rules, the record shall also include the description of the person served, including, but not limited to sex, color of skin, hair color, approximate age, height and weight and other identifying features;
• If service is effected pursuant to subdivision four of section three hundred eight of the civil practice law and rules, the record shall also include the dates, addresses and time of attempted service pursuant to subdivision one, two or three of such section;
• If the process server files an affidavit of service with the court, his record shall include the date of such filing.

Additionally, the records shall be kept either in chronological order in a bound, paginated volume, or by submitting recorded entries to a third party contractor within three days of service or attempted service. If a typographical error has occurred or if data contained in the process server’s record was accidentally omitted from the electronic data entry, the third party contractor may make an amendment in which the original record shall be identified by entering it in italics. All third party contractors must maintain a daily backup of all submitted data, and all data must be available for review upon request of any and all interested parties.

Access to personal information

If the server log information contains personal information, the Personal Privacy Protection Law (9 NYCRR 5401.1) requires that applications for access to personal information shall be made on printed forms prescribed by the board and submitted either personally or by mail to the New York State Gaming Commission, One Broadway Center, Schenectady, NY 12305, Attention: Privacy Compliance Officer. The person to whom such requests shall be made, and from whom such records or copies thereof may be obtained and certified, shall be the individual(s) designated by the executive director as the commission’s Privacy Compliance Officer(s). The records access officer may require appropriate identification, such as driver’s license, an identifier assigned to the data subject by the commission, a photograph or similar information that confirms that the record sought pertains to the data subject. Proof of identity shall not be required regarding a request for a record accessible to the public pursuant to article 6 of the Public Officers Law.

Conclusion

Based on the above requirements, it is possible to collect server log information from participants in New York, but it must be done in accordance with the regulations set forth in NYCL GBS § 89-CC. If the server log information contains personal information, access to such information is governed by the Personal Privacy Protection Law (9 NYCRR 5401.1).

Jurisdiction

New York

• Privacy