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Can you summarize NYCL PBO Article 6-A?
Public Officers > Personal Privacy Protection Law
Short Summary
The Personal Privacy Protection Law is a legal document that governs the use, disclosure, access, and maintenance of personal information by agencies in the state of New York. It applies to various governmental entities performing governmental or proprietary functions, excluding the judiciary, state legislature, and local government units. The law defines key terms such as ‘agency,’ ‘committee,’ ‘data subject,’ ‘disclose,’ ‘governmental unit,’ ’law,’ ‘personal information,’ ‘public safety agency record,’ ‘record,’ ‘routine use,’ and ‘system of records.’ It establishes that personal information refers to any information that can be used to identify a data subject. The law also introduces the concept of routine use, which allows for the disclosure of records or personal information for purposes relevant to the agency’s statutory duties or authorized programs. The law outlines several actions that are prohibited unless required by law, such as intentionally communicating an individual’s social security account number to the general public, printing the number on cards or tags for accessing state-provided products or services, requiring transmission of the number over the internet without secure connection or encryption, requiring the use of the number to access websites without additional authentication, including the number (except the last four digits) in mailed materials or copied electronic mails, encoding or embedding the number in cards or documents, and more. The law also outlines the obligations of agencies when receiving written requests from data subjects for records pertaining to them, including providing access to the record, denying the request with reasons, or providing an acknowledgement with an approximate date for granting or denying the request. It covers correction or amendment requests by data subjects, the appeals process for denied requests, and the right to file a statement of disagreement. The law also specifies the circumstances under which agencies can disclose personal information, such as with written request or voluntary written consent from the data subject, or if disclosure is necessary for the performance of official duties or to operate a program authorized by law. It permits disclosure under certain conditions, such as for statistical research, in compelling circumstances affecting health or safety, pursuant to a court order or subpoena, or to public safety agencies. The law also outlines the obligations of agencies that maintain a system of records, including maintaining only relevant and necessary personal information, ensuring accuracy and completeness of records, collecting personal information directly from the data subject whenever possible, and providing notification to data subjects when requesting their information. It emphasizes the importance of not modifying or destroying records to avoid compliance with the law, applying the requirements of this article to any contracts or research conducted by the agency, establishing policies and safeguards for record security, and establishing rules for retention and disposal of records. The law also addresses the reporting obligations of agencies, the filing of notices and privacy impact statements, and the exemption of certain records from the requirements of this article. Overall, the Personal Privacy Protection Law provides a comprehensive framework for the protection of personal privacy within the covered agencies in the state of New York.
Whom does it apply to?
The law applies to agencies subject to its provisions, which include various governmental entities performing governmental or proprietary functions, excluding the judiciary, state legislature, and local government units.
What does it govern?
The Personal Privacy Protection Law governs the use, disclosure, access, and maintenance of personal information by agencies in the state of New York.
What are exemptions?
The law does not specify any specific exemptions.
What are the Penalties?
The law does not specify any specific penalties for non-compliance or violations.
Jurisdiction
New York