§ 3.25 Inspection of Records and Proceedings of the Department.
RCNY § 3.25
(a)Except as prohibited, required or authorized by this Code, including this section, or other applicable law: (1) Records of the Department containing identifying information, or other information that the Department reasonably believes may endanger the health or safety of any person if disclosed, shall be confidential and used only by authorized personnel of the Department or its authorized agents. For the purposes of this section the term “ identifying information” has the meaning set forth in § 23-1201 of the Administrative Code; (2) A person, upon submission of a legally appropriate written request or consent, and proof of identity satisfactory to the Department if deemed necessary by the Department, may inspect, or obtain a copy of, or authorize their attorney or representative to inspect or obtain a copy of a file, record, report, proceeding of the Department or any other document, whether oral, written, electronic, visual or in any other form which contains identifying information pertaining to such person; provided that identifying information pertaining to another person is not disclosed. A person who owns, manages, operates or has any legal interest in a premises may, in the manner set forth above, have access to Departmental reports and records of the Department’s environmental inspections pertaining to such premises; provided that said records are redacted of any identifying information concerning the occupants of such premises. A request to inspect or consent to disclose must be made in writing and must describe the information to be inspected or disclosed. Inspections of records shall be permitted during times and at such places as the Department may determine. A written authorization for an attorney or representative to inspect or obtain copies of Department records must be made on forms provided or a format approved by the Department.
(b)Subdivision (a) of this section shall not prevent the Commissioner or authorized personnel of the Department from disclosing appropriate information to a physician or institution providing examination or treatment to a person suspected of or affected with a disease or condition, to an agency approved by the Department for prevention, treatment or social care, or to any person when necessary for the protection of health as determined by the Commissioner or their designee. Only the minimum information determined to be necessary by the Commissioner or their designee to accomplish the intended purpose will be disclosed. A person, institution or agency to whom such information is disclosed or to whom access to records has been given, shall not divulge any part thereof so as to disclose identifying information of the person to whom such information or record relates, except insofar as such disclosure is necessary for the treatment of such person or for the protection of the health of others. Notwithstanding subdivisions (a) and (b) of this section, no such access or disclosure shall occur if such is otherwise prohibited by this Code or other applicable law.
(c)No person shall violate any term or condition of a written data use agreement, protocol or other understanding upon which the Department has relied to grant access to identifying information or data.
(d)The Department may charge a reasonable fee, established in accordance with applicable law, for the provision of access to, or inspection or copying of, information, data or records pursuant to this section. (Amended City Record 8/21/2025, eff. 9/20/2025)
