2023 New York Laws › PBO - Public Officers › Article 6-A - Personal Privacy Protection Law › 92 - Definitions.

§ 92. Definitions.  (1)  Agency.  The  term  "agency"  means any state
board,  bureau,  committee,  commission,  council,  department,   public
authority,  public  benefit  corporation,  division, office or any other
governmental entity performing a governmental  or  proprietary  function
for the state of New York, except the judiciary or the state legislature
or  any  unit  of  local  government  and  shall  not include offices of
district attorneys.
(2) Committee. The  term  "committee"  means  the  committee  on  open
government  as  constituted  pursuant  to  subdivision  one  of  section
eighty-nine of this chapter.
(3) Data subject. The term "data subject"  means  any  natural  person
about whom personal information has been collected by an agency.
(4)  Disclose. The term "disclose" means to reveal, release, transfer,
disseminate or otherwise communicate  personal  information  or  records
orally, in writing or by electronic or any other means other than to the
data subject.
(5)   Governmental  unit.  The  term  "governmental  unit"  means  any
governmental entity performing a governmental  or  proprietary  function
for the federal government or for any state or any municipality thereof.
(6)  Law.  The  term  "law"  means  state  or federal statute, rule or
regulation.
(7) Personal information. The term "personal  information"  means  any
information  concerning  a  data subject which, because of name, number,
symbol, mark or other identifier, can be  used  to  identify  that  data
subject.
(8)  Public  safety  agency  record.  The  term  "public safety agency
record" means a record  of  the  state  commission  of  correction,  the
temporary   state   commission   of  investigation,  the  department  of
corrections and community supervision, the office of children and family
services, the office of victim services, the  office  of  probation  and
correctional  alternatives  or  the  division  of state police or of any
agency or component thereof whose primary function is the enforcement of
civil or criminal statutes if such record pertains to investigation, law
enforcement,  confinement  of  persons  in  correctional  facilities  or
supervision  of  persons pursuant to criminal conviction or court order,
and any records maintained by the division of criminal justice  services
pursuant   to   sections   eight  hundred  thirty-seven,  eight  hundred
thirty-seven-a,   eight   hundred    thirty-seven-b,    eight    hundred
thirty-seven-c,  eight  hundred thirty-eight, eight hundred thirty-nine,
and eight hundred forty-five of the executive law and by the  department
of state pursuant to section ninety-nine of the executive law.
(9)  Record.  The term "record" means any item, collection or grouping
of personal information about a data subject which is maintained and  is
retrievable  by  use of the name or other identifier of the data subject
irrespective of the physical form or technology used  to  maintain  such
personal  information.  The  term  "record"  shall  not include personal
information which is not used to make any determination about  the  data
subject if it is:
(a)  a  telephone  book  or  directory  which  is used exclusively for
telephone and directory information;
(b) any card catalog, book or other resource material in any library;
(c) any compilation of information containing names and addresses only
which is used exclusively for the purpose of mailing agency information;
(d) personal  information  required  by  law  to  be  maintained,  and
required  by  law to be used, only for statistical research or reporting
purposes;
(e) information requested by the agency which  is  necessary  for  the
agency   to   answer  unsolicited  requests  by  the  data  subject  for
information; or
(f) correspondence files.
(10)  Routine  use.  The term "routine use" means, with respect to the
disclosure of a record or personal information, any use of  such  record
or  personal  information  relevant  to  the  purpose  for  which it was
collected, and which use is necessary to the  statutory  duties  of  the
agency that collected or obtained the record or personal information, or
necessary  for  that agency to operate a program specifically authorized
by law.
(11) System of records. The term "system of records" means  any  group
of  records  under  the  actual  or  constructive  control of any agency
pertaining to one or more data subjects from which personal  information
is retrievable by use of the name or other identifier of a data subject.