Section 111-V. Confidentiality, integrity, and security of information


Latest version.
  • 1.
      The department, in consultation with appropriate agencies including  but
      not  limited to the New York state office for the prevention of domestic
      violence, shall by regulation prescribe and implement safeguards on  the
      confidentiality,  integrity,  accuracy,  access,  and  the  use  of  all
      confidential information and other data handled or maintained, including
      data obtained pursuant to section one hundred eleven-o of  this  article
      and  including  such  information  and  data maintained in the automated
      child support enforcement system. Such information  and  data  shall  be
      maintained  in  a  confidential  manner  designed to protect the privacy
      rights of the parties and shall not be disclosed except for the  purpose
      of,  and  to the extent necessary to, establish paternity, or establish,
      modify or enforce an order of support.
        2. These safeguards shall include provisions for the following:
        (a) Policies restricting access to  and  sharing  of  information  and
      data, including:
        (1)  safeguards  against unauthorized use or disclosure of information
      relating to procedures or actions to establish paternity or to establish
      or enforce support;
        (2) prohibitions against the release of information on the whereabouts
      of one party to another party against whom an order of  protection  with
      respect to the former party has been entered; and
        (3) prohibitions against the release of information on the whereabouts
      of  one  party  to another party if the department has reason to believe
      that the release of the  information  may  result  in  the  physical  or
      emotional harm to the former party.
        (b) Systems controls to ensure strict adherence to policies.
        (c) Monitoring of access to and use of the automated system to prevent
      unauthorized access or use.
        (d)  Training  in  security  procedures for all staff with access, and
      provisions of information regarding these requirements and penalties.
        (e) Administrative penalties for unauthorized access,  disclosure,  or
      use of confidential data.
        3.  If  any  person discloses confidential information in violation of
      this section, any individual who incurs damages due  to  the  disclosure
      may recover such damages in a civil action.
        4.  Any  person  who  willfully releases or permits the release of any
      confidential information obtained pursuant to this title to  persons  or
      agencies  not  authorized  by  this  title  or  regulations  promulgated
      thereunder to receive it shall be guilty of a class A misdemeanor.
        5. The safeguards established pursuant to this section shall apply  to
      staff  of  the  department,  local  social  services  districts, and any
      contractor.