§ 399-DDD*2 — Disclosure of social security number

* § 399-ddd. Disclosure of social security number. 1. As used in this\nsection, "social security account number" shall include the number\nissued by the federal social security administration and any number\nderived from such number. Such term shall not include any number that\nhas been encrypted.\n 2. No person, firm, partnership, association or corporation, not\nincluding the state or its political subdivisions, shall require an\nindividual to disclose or furnish his or her social security account\nnumber, for any purpose in connection with any activity, or to refuse\nany service, privilege or right to an individual wholly or partly\nbecause such individual refuses to disclose or furnish such number,\nunless one of the exceptions enumerated in subdivision three of this\nsection applies.\n 3. The provisions of this section shall not apply in the following\ninstances:\n (a) The individual consents to the acquisition or use of his or her\nsocial security account number.\n (b) The social security account number is expressly required by\nfederal, state, or local law or regulation.\n (c) The social security account number is to be used for internal\nverification or fraud investigation.\n (d) The social security account number is to be used for any business\nfunction permitted or allowed under the Gramm Leach Bliley Act, P.L.\n106-102 (1999).\n (e) The social security account number is requested in connection with\na request for credit or a credit transaction initiated by the consumer\nor in connection with a lawful request for a consumer report or\ninvestigative consumer report, as such terms are defined in section\nthree hundred eighty-a of this chapter.\n (f) The social security account number is requested in connection with\na deposit account or an investment.\n (g) The social security account number is requested for purposes of\nemployment, including in the course of the administration of a claim,\nbenefit, or procedure related to the individual's employment by the\nperson, including the individual's termination from employment,\nretirement from employment, injury suffered during the course of\nemployment, or to check on an unemployment insurance claim of the\nindividual.\n (h) The social security account number is requested for purposes of\ntax compliance.\n (i) The social security account number is requested for the purpose\nof:\n i. the collection of child or spousal support;\n ii. determining whether an individual has a criminal record; or\n iii. blood or organ donation.\n (j) The social security account number is requested in connection with\nany interaction with a governmental law enforcement agency or is used in\nconjunction with the enforcement of a judgment of a court of competent\njurisdiction by a sheriff or marshal.\n (k) The social security account number is requested for the purpose of\nverifying an individual's identity or age in order to allow such\nindividual to obtain access to, or enroll in, a marketing program that\nis restricted to individuals of a certain age.\n (l) i. The social security account number is requested by an\nindividual, firm, corporation, or other entity doing business pursuant\nto a franchise issued by a political subdivision of the state or a\nlicense, franchise, certificate or other authorization issued by the New\nYork state public service commission.\n ii. The social security account number is requested by an individual,\nfirm, corporation, or other entity regulated by the New York state\npublic service commission, the federal communications commission, or the\nfederal energy regulatory commission.\n iii. The social security account number is requested by a banking\ninstitution, as defined in section nine-f of the banking law, or one of\nits affiliates.\n (m) The social security account number is requested by an authorized\ninsurer, as defined in section one hundred seven of the insurance law,\nfor the purpose of furnishing information to the Centers for Medicare\nand Medicaid Services within the United States Department of Health and\nHuman Services.\n 4. Whenever there shall be a violation of this section, application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolation; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this section, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. In connection with any such proposed application, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts and to issue subpoenas in accordance with the civil\npractice law and rules. Whenever the court shall determine that a\nviolation of subdivision two of this section has occurred, the court\nshall impose a civil penalty of not more than five hundred dollars. The\nsecond offense and any offense committed thereafter shall be punishable\nby a civil penalty of not more than one thousand dollars.\n 5. No person, firm, partnership, association or corporation shall be\ndeemed to have violated the provisions of this section if such person,\nfirm, partnership, association or corporation shows, by a preponderance\nof the evidence, that the violation was not intentional and resulted\nfrom a bona fide error made notwithstanding the maintenance of\nprocedures reasonably adopted to avoid such error.\n * NB There are 2 § 399-ddd's\n