2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
399-DDD*2 - Disclosure of social security number.

 
    * §  399-ddd. Disclosure of social security number. 1. As used in this
  section, "social security  account  number"  shall  include  the  number
  issued  by  the  federal  social  security administration and any number
  derived from such number. Such term shall not include  any  number  that
  has been encrypted.
    2.  No  person,  firm,  partnership,  association  or corporation, not
  including the state or its  political  subdivisions,  shall  require  an
  individual  to  disclose  or  furnish his or her social security account
  number, for any purpose in connection with any activity,  or  to  refuse
  any  service,  privilege  or  right  to  an  individual wholly or partly
  because such individual refuses to  disclose  or  furnish  such  number,
  unless  one  of  the  exceptions enumerated in subdivision three of this
  section applies.
    3. The provisions of this section shall not  apply  in  the  following
  instances:
    (a)  The  individual  consents to the acquisition or use of his or her
  social security account number.
    (b) The social  security  account  number  is  expressly  required  by
  federal, state, or local law or regulation.
    (c)  The  social  security  account  number is to be used for internal
  verification or fraud investigation.
    (d) The social security account number is to be used for any  business
  function  permitted  or  allowed  under the Gramm Leach Bliley Act, P.L.
  106-102 (1999).
    (e) The social security account number is requested in connection with
  a request for credit or a credit transaction initiated by  the  consumer
  or  in  connection  with  a  lawful  request  for  a  consumer report or
  investigative consumer report, as such  terms  are  defined  in  section
  three hundred eighty-a of this chapter.
    (f) The social security account number is requested in connection with
  a deposit account or an investment.
    (g)  The  social  security account number is requested for purposes of
  employment, including in the course of the administration  of  a  claim,
  benefit,  or  procedure  related  to  the individual's employment by the
  person,  including  the  individual's   termination   from   employment,
  retirement  from  employment,  injury  suffered  during  the  course  of
  employment, or to check  on  an  unemployment  insurance  claim  of  the
  individual.
    (h)  The  social  security account number is requested for purposes of
  tax compliance.
    (i) The social security account number is requested  for  the  purpose
  of:
    i. the collection of child or spousal support;
    ii. determining whether an individual has a criminal record; or
    iii. blood or organ donation.
    (j) The social security account number is requested in connection with
  any interaction with a governmental law enforcement agency or is used in
  conjunction  with  the enforcement of a judgment of a court of competent
  jurisdiction by a sheriff or marshal.
    (k) The social security account number is requested for the purpose of
  verifying an individual's  identity  or  age  in  order  to  allow  such
  individual  to  obtain access to, or enroll in, a marketing program that
  is restricted to individuals of a certain age.
    (l)  i.  The  social  security  account  number  is  requested  by  an
  individual,  firm,  corporation, or other entity doing business pursuant
  to a franchise issued by a political  subdivision  of  the  state  or  a
  license, franchise, certificate or other authorization issued by the New
  York state public service commission.

    ii.  The social security account number is requested by an individual,
  firm, corporation, or other entity  regulated  by  the  New  York  state
  public service commission, the federal communications commission, or the
  federal energy regulatory commission.
    iii.  The  social  security  account  number is requested by a banking
  institution, as defined in section nine-f of the banking law, or one  of
  its affiliates.
    (m)  The  social security account number is requested by an authorized
  insurer, as defined in section one hundred seven of the  insurance  law,
  for  the  purpose  of furnishing information to the Centers for Medicare
  and Medicaid Services within the United States Department of Health  and
  Human Services.
    4.  Whenever  there  shall be a violation of this section, application
  may be made by the attorney general in the name of  the  people  of  the
  state of New York to a court or justice having jurisdiction by a special
  proceeding  to  issue an injunction, and upon notice to the defendant of
  not less than five days, to enjoin and restrain the continuance of  such
  violation;  and  if  it shall appear to the satisfaction of the court or
  justice that the defendant has,  in  fact,  violated  this  section,  an
  injunction  may  be  issued  by  such  court  or  justice, enjoining and
  restraining any further violation,  without  requiring  proof  that  any
  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
  proceeding, the court may make allowances to  the  attorney  general  as
  provided  in  paragraph  six  of subdivision (a) of section eighty-three
  hundred  three  of  the  civil  practice  law  and  rules,  and   direct
  restitution.  In  connection  with  any  such  proposed application, the
  attorney general is authorized to take proof and make a determination of
  the relevant facts and to issue subpoenas in accordance with  the  civil
  practice  law  and  rules.  Whenever  the  court  shall determine that a
  violation of subdivision two of this section  has  occurred,  the  court
  shall  impose a civil penalty of not more than five hundred dollars. The
  second offense and any offense committed thereafter shall be  punishable
  by a civil penalty of not more than one thousand dollars.
    5.  No  person, firm, partnership, association or corporation shall be
  deemed to have violated the provisions of this section if  such  person,
  firm,  partnership, association or corporation shows, by a preponderance
  of the evidence, that the violation was  not  intentional  and  resulted
  from   a  bona  fide  error  made  notwithstanding  the  maintenance  of
  procedures reasonably adopted to avoid such error.
    * NB There are 2 § 399-ddd's