N.Y. Public Officers Law § 92: Definitions

§ 92. Definitions. (1) Agency. The term "agency" means any state

board, bureau, committee, commission, council, department, public

authority, public benefit corporation, division, office or any other

governmental entity performing a governmental or proprietary function

for the state of New York, except the judiciary or the state legislature

or any unit of local government and shall not include offices of

district attorneys.

(2) Committee. The term "committee" means the committee on open

government as constituted pursuant to subdivision one of section

eighty-nine of this chapter.

(3) Data subject. The term "data subject" means any natural person

about whom personal information has been collected by an agency.

(4) Disclose. The term "disclose" means to reveal, release, transfer,

disseminate or otherwise communicate personal information or records

orally, in writing or by electronic or any other means other than to the

data subject.

(5) Governmental unit. The term "governmental unit" means any

governmental entity performing a governmental or proprietary function

for the federal government or for any state or any municipality thereof.

(6) Law. The term "law" means state or federal statute, rule or

regulation.

(7) Personal information. The term "personal information" means any

information concerning a data subject which, because of name, number,

symbol, mark or other identifier, can be used to identify that data

subject.

(8) Public safety agency record. The term "public safety agency

record" means a record of the state commission of correction, the

temporary state commission of investigation, the department of

corrections and community supervision, the office of children and family

services, the office of victim services, the office of probation and

correctional alternatives or the division of state police or of any

agency or component thereof whose primary function is the enforcement of

civil or criminal statutes if such record pertains to investigation, law

enforcement, confinement of persons in correctional facilities or

supervision of persons pursuant to criminal conviction or court order,

and any records maintained by the division of criminal justice services

pursuant to sections eight hundred thirty-seven, eight hundred

thirty-seven-a, eight hundred thirty-seven-b, eight hundred

thirty-seven-c, eight hundred thirty-eight, eight hundred thirty-nine,

and eight hundred forty-five of the executive law and by the department

of state pursuant to section ninety-nine of the executive law.

(9) Record. The term "record" means any item, collection or grouping

of personal information about a data subject which is maintained and is

retrievable by use of the name or other identifier of the data subject

irrespective of the physical form or technology used to maintain such

personal information. The term "record" shall not include personal

information which is not used to make any determination about the data

subject if it is:

(a) a telephone book or directory which is used exclusively for

telephone and directory information;

(b) any card catalog, book or other resource material in any library;

(c) any compilation of information containing names and addresses only

which is used exclusively for the purpose of mailing agency information;

(d) personal information required by law to be maintained, and

required by law to be used, only for statistical research or reporting

purposes;

(e) information requested by the agency which is necessary for the

agency to answer unsolicited requests by the data subject for

information; or

(f) correspondence files.

(10) Routine use. The term "routine use" means, with respect to the

disclosure of a record or personal information, any use of such record

or personal information relevant to the purpose for which it was

collected, and which use is necessary to the statutory duties of the

agency that collected or obtained the record or personal information, or

necessary for that agency to operate a program specifically authorized

by law.

(11) System of records. The term "system of records" means any group

of records under the actual or constructive control of any agency

pertaining to one or more data subjects from which personal information

is retrievable by use of the name or other identifier of a data subject.