N.Y. Public Officers Law Section 96-A
Prohibited conduct


1.

Beginning on January first, two thousand ten the state and its political subdivisions shall not do any of the following, unless required by law:

(a)

Intentionally communicate to the general public or otherwise make available to the general public in any manner an individual’s social security account number. This paragraph shall not apply to any individual intentionally communicating to the general public or otherwise making available to the general public his or her social security account number.

(b)

Print an individual’s social security account number on any card or tag required for the individual to access products, services or benefits provided by the state and its political subdivisions.

(c)

Require an individual to transmit his or her social security account number over the internet, unless the connection is secure or the social security account number is encrypted.

(d)

Require an individual to use his or her social security account number to access an internet web site, unless a password or unique personal identification number or other authentication device is also required to access the internet website.

(e)

Include an individual’s social security account number, except the last four digits thereof, on any materials that are mailed to the individual, or in any electronic mail that is copied to third parties, unless state or federal law requires the social security account number to be on the document to be mailed. Notwithstanding this paragraph, social security account numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend or terminate an account, contract or policy, or to confirm the accuracy of the social security account number. A social security account number that is permitted to be mailed under this section may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope, or visible on the envelope or without the envelope having been opened.

(f)

Encode or embed a social security number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, or other technology, in place of removing the social security number as required by this section.

(g)

Nothing in this section shall prohibit a county clerk or court from making available a document publicly recorded or filed prior to the effective date of this section, provided that if any individual requests redaction of a social security number from a publicly recorded document available to the public online, such number shall be promptly redacted by the county clerk. Nothing in this section shall limit disclosure of criminal history record information currently permitted.

2.

As used in this section “social security account number” shall include the nine digit account number issued by the federal social security administration and any number derived therefrom. Such term shall not include any number that has been encrypted.

3.

This section does not prevent the collection, use or release of a social security account number as required by state or federal law, or the use of a social security account number for internal verification, fraud investigation or administrative purposes.

Source: Section 96-A — Prohibited conduct, https://www.­nysenate.­gov/legislation/laws/PBO/96-A (updated Sep. 22, 2014; accessed Mar. 23, 2024).

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 96-A’s source at nysenate​.gov

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