Section 96. Disclosure of records  


Latest version.
  • (1) No agency may disclose any record or
      personal information unless such disclosure is:
        (a) 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
        (b) to those officers and employees of,  and  to  those  who  contract
      with,  the  agency  that  maintains  the  record  if  such disclosure is
      necessary to the performance of their  official  duties  pursuant  to  a
      purpose  of  the  agency  required  to  be  accomplished  by  statute or
      executive  order  or  necessary  to  operate  a   program   specifically
      authorized by law; or
        (c)  subject  to  disclosure under article six of this chapter, unless
      disclosure of such information would constitute an unwarranted  invasion
      of  personal  privacy  as defined in paragraph (a) of subdivision two of
      section eighty-nine of this chapter; or
        (d) 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
        (e)  for  a  routine  use,  as  defined  in subdivision ten of section
      ninety-two of this article; or
        (f) specifically authorized by statute or federal rule or  regulation;
      or
        (g)  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
        (h) to a person who has  provided  the  agency  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
        (i)  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
        (j) to the state archives as a record which has sufficient  historical
      or other value to warrant its continued preservation by the state or for
      evaluation  by  the  state archivist or his or her designee to determine
      whether the record has such value; or
        (k) to any person pursuant  to  a  court  ordered  subpoena  or  other
      compulsory legal process; or
        (l)  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
        (m) pursuant to a search warrant; or
        (n) 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.
        (2) Nothing in this section shall require disclosure of:
    
        (a)  personal  information  which  is otherwise prohibited by law from
      being disclosed;
        (b)  patient  records  concerning mental disability or medical records
      where such disclosure is not otherwise required by law;
        (c) 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;
        (d) attorney's work product or material prepared for litigation before
      judicial, quasi-judicial or administrative tribunals,  as  described  in
      subdivisions  (c)  and  (d) of section three thousand one hundred one 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.