2023 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; or
(p)  to  officers  or  employees  of  the  United States department of
education  for  such  department  to  process  credit   for   qualifying
employment   and   loan   forgiveness  under  the  public  service  loan
forgiveness program. 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.