NY Pub Off L § 96 (2021)
2021 New York Laws PBO - Public Officers Article 6-A - Personal Privacy Protection Law 96 - Disclosure of Records.

§ 96. Disclosure  of records. (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; or  (o) to officers or employees of a public retirement system of the city of  New  York if the information sought to be disclosed is necessary for  the receiving public retirement system to  process  benefits  under  the retirement  and social security law, the administrative code of the city of New York, or the education law or any other applicable  provision  of law.  A  written  request  or  consent from the data subject pursuant to paragraph (a)  of  this  subdivision  shall  not  be  required  for  the disclosure of records pursuant to this paragraph.  (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 incarcerated individual  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.