N.Y. PBO Law § 92 — New York Code / Act PBO / Article 6-A / Section 92
Definitions
Status: in_force

§ 92. Definitions. (1) Agency. The term "agency" means any state\nboard, bureau, committee, commission, council, department, public\nauthority, public benefit corporation, division, office or any other\ngovernmental entity performing a governmental or proprietary function\nfor the state of New York, except the judiciary or the state legislature\nor any unit of local government and shall not include offices of\ndistrict attorneys.\n  (2) Committee. The term "committee" means the committee on open\ngovernment as constituted pursuant to subdivision one of section\neighty-nine of this chapter.\n  (3) Data subject. The term "data subject" means any natural person\nabout whom personal information has been collected by an agency.\n  (4) Disclose. The term "disclose" means to reveal, release, transfer,\ndisseminate or otherwise communicate personal information or records\norally, in writing or by electronic or any other means other than to the\ndata subject.\n  (5) Governmental unit. The term "governmental unit" means any\ngovernmental entity performing a governmental or proprietary function\nfor the federal government or for any state or any municipality thereof.\n  (6) Law. The term "law" means state or federal statute, rule or\nregulation.\n  (7) Personal information. The term "personal information" means any\ninformation concerning a data subject which, because of name, number,\nsymbol, mark or other identifier, can be used to identify that data\nsubject.\n  (8) Public safety agency record. The term "public safety agency\nrecord" means a record of the state commission of correction, the\ntemporary state commission of investigation, the department of\ncorrections and community supervision, the office of children and family\nservices, the office of victim services, the office of probation and\ncorrectional alternatives or the division of state police or of any\nagency or component thereof whose primary function is the enforcement of\ncivil or criminal statutes if such record pertains to investigation, law\nenforcement, confinement of persons in correctional facilities or\nsupervision of persons pursuant to criminal conviction or court order,\nand any records maintained by the division of criminal justice services\npursuant to sections eight hundred thirty-seven, eight hundred\nthirty-seven-a, eight hundred thirty-seven-b, eight hundred\nthirty-seven-c, eight hundred thirty-eight, eight hundred thirty-nine,\nand eight hundred forty-five of the executive law and by the department\nof state pursuant to section ninety-nine of the executive law.\n  (9) Record. The term "record" means any item, collection or grouping\nof personal information about a data subject which is maintained and is\nretrievable by use of the name or other identifier of the data subject\nirrespective of the physical form or technology used to maintain such\npersonal information. The term "record" shall not include personal\ninformation which is not used to make any determination about the data\nsubject if it is:\n  (a) a telephone book or directory which is used exclusively for\ntelephone and directory information;\n  (b) any card catalog, book or other resource material in any library;\n  (c) any compilation of information containing names and addresses only\nwhich is used exclusively for the purpose of mailing agency information;\n  (d) personal information required by law to be maintained, and\nrequired by law to be used, only for statistical research or reporting\npurposes;\n  (e) information requested by the agency which is necessary for the\nagency to answer unsolicited requests by the data subject for\ninformation; or\n  (f) correspondence files.\n  (10) Routine use. The term "routine use" means, with respect to the\ndisclosure of a record or personal information, any use of such record\nor personal information relevant to the purpose for which it was\ncollected, and which use is necessary to the statutory duties of the\nagency that collected or obtained the record or personal information, or\nnecessary for that agency to operate a program specifically authorized\nby law.\n  (11) System of records. The term "system of records" means any group\nof records under the actual or constructive control of any agency\npertaining to one or more data subjects from which personal information\nis retrievable by use of the name or other identifier of a data subject.\n