Section 499-HH. Confidentiality


Latest version.
  • 1.  Except in accordance with a proper
      judicial order or as otherwise provided by law, it shall be unlawful for
      the commissioner of finance, any officer or employee of  the  department
      of  finance,  the  president  or  a  commissioner or employee of the tax
      commission, any person engaged or retained by such  department  or  such
      commission on an independent contract basis, or any person who, pursuant
      to  this  title, is permitted to inspect any information submitted by an
      applicant to the department of finance pursuant to this title or to whom
      a copy, an abstract or a portion of any such information  is  furnished,
      to  divulge  or  make  known  in  any manner any such information to any
      person  not  authorized  pursuant  to  this  title   to   inspect   such
      information. The officers charged with custody of such information shall
      not  be  required to produce any of it or evidence of anything contained
      in it in any action or proceeding in any court except on behalf  of  the
      commissioner  of finance in an action or proceeding under the provisions
      of this title, or on behalf of any party to  any  action  or  proceeding
      under  the provisions of this title when such information or facts shown
      thereby are directly involved in such action or proceeding, in either of
      which events the court may require the production of, and may  admit  in
      evidence  so  much of such information or of the facts shown thereby, as
      are pertinent to the action or proceeding and no  more.  Nothing  herein
      shall   be   construed   to   prohibit   the  inspection  by  the  legal
      representatives of the department of finance or the  tax  commission  of
      such information submitted by any applicant who shall bring an action to
      correct an assessment. Nothing herein shall be construed to prohibit the
      delivery   to   an   applicant   or   the  applicant's  duly  authorized
      representative of a certified copy of any information  submitted  by  an
      applicant to the department of finance pursuant to this title; or to any
      agency  or any department of any city having a population of one million
      or more provided the same is requested for  official  business;  nor  to
      prohibit the inspection for official business of such information by the
      corporation  counsel  or  other legal representatives of a city having a
      population of one million or more or by the  district  attorney  of  any
      county  within  such city; nor to prohibit the publication of statistics
      so classified as to prevent the identification of  such  information  or
      particular  items  thereof. Information submitted by an applicant to the
      department of finance pursuant to this title shall  not  be  subject  to
      disclosure pursuant to article six of the public officers law.
        2.  Any violation of the provisions of subdivision one of this section
      shall be punished by a fine not exceeding one  thousand  dollars  or  by
      imprisonment  not  exceeding one year, or both, at the discretion of the
      court, and if the offender be an officer or employee of  the  department
      of  finance  or  of  the tax commission, the offender shall be dismissed
      from office.