N.Y. PBO Law § 96 — New York Code / Act PBO / Article 6-A / Section 96
Disclosure of records
Status: in_force

§ 96. Disclosure of records. (1) No agency may disclose any record or\npersonal information unless such disclosure is:\n  (a) pursuant to a written request by or the voluntary written consent\nof the data subject, provided that such request or consent by its terms\nlimits and specifically describes:\n  (i) the personal information which is requested to be disclosed;\n  (ii) the person or entity to whom such personal information is\nrequested to be disclosed; and\n  (iii) the uses which will be made of such personal information by the\nperson or entity receiving it; or\n  (b) to those officers and employees of, and to those who contract\nwith, the agency that maintains the record if such disclosure is\nnecessary to the performance of their official duties pursuant to a\npurpose of the agency required to be accomplished by statute or\nexecutive order or necessary to operate a program specifically\nauthorized by law; or\n  (c) subject to disclosure under article six of this chapter, unless\ndisclosure of such information would constitute an unwarranted invasion\nof personal privacy as defined in paragraph (a) of subdivision two of\nsection eighty-nine of this chapter; or\n  (d) to officers or employees of another governmental unit if each\ncategory of information sought to be disclosed is necessary for the\nreceiving governmental unit to operate a program specifically authorized\nby statute and if the use for which the information is requested is not\nrelevant to the purpose for which it was collected; or\n  (e) for a routine use, as defined in subdivision ten of section\nninety-two of this article; or\n  (f) specifically authorized by statute or federal rule or regulation;\nor\n  (g) to the bureau of the census for purposes of planning or carrying\nout a census or survey or related activity pursuant to the provisions of\nTitle XIII of the United States Code; or\n  (h) to a person who has provided the agency with advance written\nassurance that the record will be used solely for the purpose of\nstatistical research or reporting, but only if it is to be transferred\nin a form that does not reveal the identity of any data subject; or\n  (i) pursuant to a showing of compelling circumstances affecting the\nhealth or safety of a data subject, if upon such disclosure notification\nis transmitted to the data subject at his or her last known address; or\n  (j) to the state archives as a record which has sufficient historical\nor other value to warrant its continued preservation by the state or for\nevaluation by the state archivist or his or her designee to determine\nwhether the record has such value; or\n  (k) to any person pursuant to a court ordered subpoena or other\ncompulsory legal process; or\n  (l) for inclusion in a public safety agency record or to any\ngovernmental unit or component thereof which performs as one of its\nprincipal functions any activity pertaining to the enforcement of\ncriminal laws, provided that, such record is reasonably described and is\nrequested solely for a law enforcement function; or\n  (m) pursuant to a search warrant; or\n  (n) to officers or employees of another agency if the record sought to\nbe disclosed is necessary for the receiving agency to comply with the\nmandate of an executive order, but only if such records are to be used\nonly for statistical research, evaluation or reporting and are not used\nin making any determination about a data subject; or\n  (o) to officers or employees of a public retirement system of the city\nof New York if the information sought to be disclosed is necessary for\nthe receiving public retirement system to process benefits under the\nretirement and social security law, the administrative code of the city\nof New York, or the education law or any other applicable provision of\nlaw. A written request or consent from the data subject pursuant to\nparagraph (a) of this subdivision shall not be required for the\ndisclosure of records pursuant to this paragraph; or\n  (p) to officers or employees of the United States department of\neducation for such department to process credit for qualifying\nemployment and loan forgiveness under the public service loan\nforgiveness program. A written request or consent from the data subject\npursuant to paragraph (a) of this subdivision shall not be required for\nthe disclosure of records pursuant to this paragraph.\n  (2) Nothing in this section shall require disclosure of:\n  (a) personal information which is otherwise prohibited by law from\nbeing disclosed;\n  (b) patient records concerning mental disability or medical records\nwhere such disclosure is not otherwise required by law;\n  (c) personal information pertaining to the incarceration of an\nincarcerated individual at a state correctional facility which is\nevaluative in nature or which, if disclosed, could endanger the life or\nsafety of any person, unless such disclosure is otherwise permitted by\nlaw;\n  (d) attorney's work product or material prepared for litigation before\njudicial, quasi-judicial or administrative tribunals, as described in\nsubdivisions (c) and (d) of section three thousand one hundred one of\nthe civil practice law and rules, except pursuant to statute, subpoena\nissued in the course of a criminal action or proceeding, court ordered\nor grand jury subpoena, search warrant or other court ordered\ndisclosure.\n