§ 17-06 Privacy and Security of Information.
RCNY § 17-06
1.Information submitted in the report shall be available for public review only to the extent required by federal, state and local law.
2.Unless otherwise required by federal, state or local law, reports submitted pursuant to this chapter and information contained therein shall be used by the administering agency and the personnel of agencies assigned to such administering agency solely for purposes related to the enforcement of laws relating to short-term rentals, and will be kept confidential by the administering agency and such personnel, and will not be revealed by the administering agency or such personnel in any other manner or under any other circumstances.
3.Identifying information, as defined in § 23-1201 of the Administrative Code, will be collected, retained, and disclosed by the administering agency only in compliance with this chapter, in accordance with the requirements and approvals required by Chapter 12 of Title 23 of the Administrative Code, and only with all approvals required by that chapter.
4.When receiving requests for information in the reports pursuant to the New York state freedom of information law ("FOIL"), the administering agency will consider whether disclosure of such information would constitute an unwarranted invasion of personal privacy under sections 87(2) and 89(2) of the New York state public officers law, and will deny access to those portions of the records that would constitute such an invasion if released. In accordance with section 89(2)(b) of the New York state public officers law, the administering agency may withhold identifying information, prior to making records available for public inspection. In the event that the administering agency is compelled by law to disclose such records without withholding the identifying information, the administering agency will, prior to such disclosure, notify the individuals whose identifying information must be disclosed. Submission of such notice to the email address provided by the booking service for each such individual shall constitute an adequate attempt to notify the individual. The administering agency will also consider whether such disclosure would interfere with law enforcement investigations or judicial proceedings or deprive a person of a right to a fair trial or impartial adjudication, and are thereby exempt from disclosure pursuant to section 87(2)(e) of the New York state public officers law. The administering agency will also consider whether the records are exempt from disclosure under any other exemption enumerated in section 87(2) of the New York state public officers law.
5.If a booking service requests, at the time of submission of a report required by this chapter, that the administering agency exempt such records from disclosure pursuant to the New York state public officers law section 87(2)(d), and the administering agency determines that it is compelled by law to disclose such records, then the administering agency will notify such booking service of the disclosure of such records at least 10 calendar days prior to such disclosure.
6.When receiving demands for records pursuant to subpoena, court order, or other legal process, the administering agency will consider whether it is appropriate or feasible to seek a court order quashing, modifying, or protecting against subsequent disclosure.
7.The administering agency will protect the privacy and security of identifying information by implementing appropriate physical, technical and administrative safeguards, in accordance with the city's information technology security standards and requirements relating to the use, transfer and storage of confidential data. (Added City Record 12/4/2020, eff. 1/3/2020)
