The director and deputy director of the City Record shall each execute a bond to the city in the penal sum of five thousand dollars, conditioned for the faithful performance of the duties of their respective offices. Such bond shall contain one or more sureties and shall be approved by the comptroller.
§ 23-102 Sales.
Copies of the City Record shall be sold by the director at a price to be fixed by him or her.
§ 23-103 Distribution.
Copies of the City Record shall be distributed to the several agencies and to such other persons and in such manner as the director of the City Record shall direct.
§ 23-104 Publication; distribution; expenses of.
If the City Record be published under contract then all expenses connected with its publication and distribution, except the salary of the director and his or her assistants, shall be included in the contract for printing.
§ 23-105 The City Record to print certain matters.
There shall be published in the City Record, or as a supplement thereto, within the month of April in each year, or maintain as a public record in the municipal reference and research center, a list of all officials, employees and laborers of the city who have been or have become officials, employees or laborers during the preceding year. Such list shall contain the name, nature of position or service, year of cessation of service or employment (if occurring during the year), salary or wages of each such official, employee or laborer.
The director shall have power to make requisition in writing upon the heads of agencies to furnish the information necessary to make up the list according to the rules prescribed by the director. Such information must be supplied by the agency within ten days after such requisition.
It shall be the duty of the director, on or before the first day of May in each year, to certify to the comptroller that such information has been furnished to him or her by the heads of such agencies, and the comptroller shall withhold payment of the salaries of any such head of agency who has failed to furnish such information.
All changes of such officials or employees, or the amount of their salaries, with a distinct statement of the increase or decrease, shall be published in the City Record within one week after changed or made. The director shall also cause to be printed in each issue of the City Record a separate statement of the hours during which all public offices in the city are open for business, and at which each court regularly opens and adjourns, as well as of the places where such offices are kept and such courts are held.
The detailed canvass of votes, at every election, shall be published in the City Record or as a supplement thereto.
The mayor may order the insertion of any official matter or report in the City Record.
It shall be the duty of the heads of agencies to furnish to the director of the City Record and the director of the municipal reference and research center all information required to be inserted or maintained, respectively, therein.
§ 23-106 Real estate; advertising sale of.
In the case of the sale of any real estate belonging to the city such advertisements may be also inserted in such other newspapers published in the city as the director, with the approval of the mayor and the comptroller may determine in the case of each such sale.
Chapter 2: Public Records
§ 23-201 Municipal reference library, to have official reports, et cetera.
The head of each agency shall transmit to the municipal reference library, four copies of each annual or quarterly report or other publication of such agency immediately after the same shall have been issued.
Chapter 3: Non-emergency City Services
§ 23-301 Tracking information provided.
311 customer service center call takers shall provide the caller with a unique identifier for such call taker at the beginning of every call and a tracking number for every call that results in a request for service or complaint being filed with a city agency.
Every call, e-mail or electronic message to the 311 customer service center in regard to the reporting of a complaint about language accessibility or a request for additional language services shall be forwarded to both the agency or agencies that such complaint or request referenced and to the office of the language services coordinator.
§ 23-302 High call volume protocol.
No later than September 30, 2011, the 311 customer service center shall implement a protocol for responding to high call volume. Such protocol shall include, but not be limited to, (i) a system to efficiently and effectively answer, direct and track all calls; (ii) increased utilization of automated telephone messages, short message services, social media, email alerts, and the city’s website to disseminate information and to reduce non-critical information requests; and (iii) a plan to ensure adequate staffing both in anticipation of, and in response to, high call volume incidents.
A copy of such protocol shall be provided to the council.
§ 23-303 Notifying businesses of requests for service or complaints.
Pursuant to the provisions of this section, the department of information technology and telecommunications shall, to the extent practicable, notify business owners by text or email, in accordance with the business owner’s preference, each time the address of their business is provided as part of a 311 request for service or complaint if such business owners have opted to receive such notifications via a website maintained by or on behalf of the city of New York. Such notifications shall be offered in the designated citywide languages defined in section 23-1101 of this code. Such notifications shall be delivered within 72 hours, to the extent practicable, and not more than 96 hours after the 311 request for service or complaint is made available as part of a public data set on the single web portal established pursuant to chapter 5 of this title.
§ 23-304 Parking complaints.
The department of information technology and telecommunications shall implement and maintain on its 311 citizen center website and mobile device platforms the capability for the public to file a complaints under the category of “illegal parking.”
Within such category, the public shall have the ability to submit complaints regarding improper use of a parking permit and complaints for parking in any of the following locations:
parking in “no standing” area;
parking in “no stopping” area;
parking on sidewalk;
parking in crosswalk;
parking in front of fire hydrant;
parking at bus stop;
parking in bus lane;
parking in bicycle lane;
parking as to obstruct a driveway; and
double parking.
With respect to complaints filed pursuant to subdivision b, the public shall have ability to:
include information about whether the vehicles used were operated on behalf of the city; and
submit photographic evidence supporting such complaint.
The resolution of a complaint submitted pursuant to subdivision b alleging improper use of a parking permit shall be sent to the individual filing such complaint within eight hours.
On a monthly basis, no later than February 15, 2020, the department of information technology and telecommunications shall publish a report containing data for the previous month that shall include, but not be limited to, the number of complaints of illegal parking of vehicles operated on behalf of the city in the types of locations set forth in subdivision b.
“Commissioner” shall mean the commissioner of the department of information technology and telecommunications, or of any successor agency.
“Department” shall mean the department of information technology and telecommunications, or any successor agency.
“Owner” shall mean a natural person or business entity which owns, leases, or is otherwise responsible for the installation, operation and maintenance of a public pay telephone.
“Permit” shall mean an authorization by the department to install, operate and maintain one or more public pay telephones at a location on, over or under a street or other inalienable property of the city.
“Public nuisance” shall mean the use of a public pay telephone on a regular basis which the commissioner has reasonable cause to believe is in furtherance of unlawful activity.
“Public pay telephone” shall mean a telephone and associated equipment, from which calls can be paid for at the time they are made by a coin, credit card, prepaid debit card or in any other manner, which is available for use by the public and provides access to the switched telephone network for the purpose of voice or data communications. The term “public pay telephone” shall include any pedestal or telephone bank supporting one or more such telephones, associated enclosures, signage and other associated equipment.
“Street” shall have the meaning ascribed thereto in subdivision thirteen of section 1-112 of this code.
§ 23-402 Permit required.
No public pay telephone shall be installed, operated or maintained on, over or under any street or other inalienable property of the city without a permit therefor, and unless such installation, operation and maintenance is in accordance with the provisions of this chapter, the rules of the commissioner promulgated pursuant thereto, and the terms and conditions of such permit.
§ 23-403 Powers of commissioner.
The commissioner may issue and renew permits under this chapter based upon a determination, at his or her discretion, that issuance or renewal of a permit would be in the best interests of the city, provided that:
no permit shall be issued or renewed unless the applicant holds a franchise granted by the city to install, operate and maintain public pay telephones on, over and under the streets and other inalienable property of the city;
(i) in the event that the installation of a public pay telephone requires the opening, drilling or other physical alteration of a building facade or other private property, no permit shall be issued or renewed without the written consent of the building owner.
(ii) in the event that the installation of a public pay telephone requires affixing the phone to a building facade or other private property, no permit shall be issued or renewed without the written consent of the building owner.
(iii) in the event the installation of a public pay telephone is to be accomplished in a manner other than as set forth in subsection (i) and (ii) of this section, but requires access through an existing conduit or other opening on a building facade or other private property, or such installation is to be made within six feet of a building line, no permit shall be issued or renewed without the written consent of the building owner or the commercial lessee who shall certify (aa) that the building owner has authorized the lessee to grant such consents; and (bb) that the lessee has provided the building owner or its authorized agent with written notification by certified mail, of the granting of such consent, the name and address of the owner of the public pay telephone and the location of such public pay telephone in relation to the building. Proof of mailing of such notification to the building owner or its authorized agent shall be included in the permit application. It shall be a violation of this chapter where a permittee, without providing justification therefor, fails within a time period specified by the Commissioner to remove a public pay telephone following receipt of a notice from the building owner or its authorized agent by certified mail that he or she objects to the installation, where such notice and copy to the Commissioner are sent within thirty days of receipt of the commercial lessee’s consent. Nothing herein shall be construed to limit a building owner or its authorized agent from pursuing such remedies as he or she may have under law with respect to the unauthorized installation of a public pay telephone; and
no permit shall be issued or renewed for the installation, operation and maintenance of a public pay telephone at any location where it will unreasonably interfere with the use of a street by the public, or where it will unreasonably interfere with the use of the abutting property.
The commissioner shall promulgate rules to implement the provisions of this chapter. Such rules shall include, without limitation: (i) a procedure and timetable for review by the department, and other appropriate agencies, including the department of transportation, of applications for the issuance and renewal of permits to install, operate and maintain public pay telephones at specified locations; (ii) standards governing the location of public pay telephones designed so as to ensure that such telephones will not unreasonably interfere with the use of the street by the public and with use of the abutting property; and (iii) standards and procedures governing the installation, removal, operation, cleaning and maintenance of public pay telephones, including procedures for the expedited removal of any public pay telephone determined to constitute a public nuisance.
Permits may contain such other terms and conditions not specifically provided for in this chapter as the commissioner deems necessary to protect the public safety and to safeguard the interests of the city.
§ 23-404 Term; Termination.
A permit for a public pay telephone shall continue in effect for the term of the franchise held by the owner of such public pay telephone, unless the commissioner, after giving the permittee notice and an opportunity to be heard, determines: (i) that as a result of changed conditions, the public pay telephone unreasonably interferes or will unreasonably interfere with the use of a street by the public, or constitutes a public nuisance; or (ii) that removal of the public pay telephone is required in connection with a street widening or other capital project or for other purposes as may be specified by rule of the commissioner. Upon making such determination, the commissioner shall order the removal of the public pay telephone within a reasonable time period. In the event the permittee fails to remove the public pay telephone within the time period specified in such order, the commissioner may remove or cause the removal of the public pay telephone and have repair and restoration work performed at the expense of the permittee, who shall be liable in a civil action for the amount expended by the city.
Notwithstanding the provisions of subdivision a of this section, in the event that a public pay telephone is removed in connection with a street widening or other capital project or other improvement specified by rule of the commissioner, the permittee may apply to the commissioner for permission to reinstall the public pay telephone at another location or, following the completion of such street widening, capital project, or other improvement, at or near its original location. Where such permission is granted, the permittee shall not be required to obtain a new permit for the public pay telephone, and the permit previously issued for such public pay telephone shall continue in effect. If such public pay telephone is reinstalled at another location, the permittee may apply to the commissioner for a new permit to install another public pay telephone following the completion of such street widening, capital project or other improvement at or near the original location of the public pay telephone previously removed in connection therewith, provided that the permittee has paid the required fee for such permit.
§ 23-405 Advertising.
A permit issued under this chapter shall not constitute an authorization to place advertising upon a public pay telephone.
§ 23-406 Fees.
The commissioner shall by rule establish fees for the issuance and renewal of permits pursuant to this chapter in amounts sufficient to compensate the city for the administrative expense of issuing or renewing a permit and the expense of inspections and other activities related thereto.
§ 23-407 Transfers.
No permit issued under this chapter shall be transferred except as may be authorized by rule of the commissioner.
§ 23-408 Violations; Penalties and Other Enforcement.
Any owner who installs, operates or maintains a public pay telephone on, over or under any street or other inalienable property of the city without a permit therefor shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars and imprisonment of not more than thirty days, or both such fine and imprisonment. Such owner shall, in addition, be liable for civil penalties pursuant to subdivisions c and d of this section.
An owner who repeatedly fails to provide phone services from a public pay telephone for any sustained period of time or who fails to provide coinless twenty-four hour 911 service from such public pay telephone shall be in violation of this chapter and shall be liable for a civil penalty of not more than two thousand five hundred dollars for each violation which may be recovered in a civil action or in a proceeding before the environmental control board. In the case of a continuing violation, each day’s continuance shall be a separate and distinct offense.
An owner who violates any provision of this chapter, or any term or condition of a permit issued pursuant thereto, or any rule promulgated by the commissioner pursuant thereto shall be liable for a civil penalty of not more than one thousand dollars for each violation which may be recovered in a civil action or in a proceeding before the environmental control board. In the case of a continuing violation, each day’s continuance shall be a separate and distinct offense.
An owner who is liable for a civil penalty for a violation pursuant to subdivision c of this section shall also be liable in a civil action for an additional civil penalty in the amount of the expense, if any, incurred by the city in the removal of the public pay telephone and the performance of related repair and restoration work.
In addition to authorized officers and employees of the department, officers and employees of the department of transportation who are designated by the commissioner shall have the power to issue summonses and appearance tickets returnable in the criminal court and notices of violation returnable before the environmental control board for violations of the provisions of this chapter.
An owner of a public pay telephone shall be liable for a violation by his or her employee, agent or independent contractor of the provisions of this chapter, or any term or condition of a permit issued pursuant thereto, or any rule promulgated by the commissioner pursuant thereto, made in the course of performing his or her duties.
An owner who submits an application for a public pay telephone permit containing a certification made by a commercial lessee pursuant to subparagraph (iii) of paragraph 2 of subdivision a of section 23-403 of this chapter, knowing that such certification contains a false statement or false information, shall be guilty of a misdemeanor.
The commissioner may request the corporation counsel to institute any action or proceeding that may be appropriate or necessary to restrain, correct or abate a violation of the provisions of this chapter.
If the commissioner has reasonable cause to believe that an owner, or any employee, agent or independent contractor of such owner, has violated the provisions of this chapter, or any term or condition of a permit issued pursuant thereto, or any rule promulgated by the commissioner pursuant thereto, the commissioner may (i) notify the owner of the condition identified by the commissioner as a violation and specify the action that must be taken to correct the condition in such manner and within such period of time as shall be set forth in such notice, and (ii) shall afford the owner an opportunity to contest the commissioner’s notice in a manner to be set forth in rules of the commissioner. Upon final determination by the commissioner and failure of such owner to correct the condition in the manner and within the period of time specified by the commissioner, the commissioner shall be authorized, at his or her discretion:
aa. to remove or cause the removal of any public pay telephone which is installed, operated or maintained on, over or under any street or other unalienable property of the city without a permit therefor. Notwithstanding the foregoing, notice shall be provided pursuant to this subdivision prior to removal only where the name and address of the owner is shown on the public pay telephone or can be readily identified by the commissioner by virtue of a trademark prominently displayed on the public pay telephone.
bb. to revoke a permit and, upon revocation, to further order the removal of the public pay telephone. In the event the permittee fails to remove the public pay telephone and to perform related repair and restoration work within the time period specified by such order, the commissioner may remove or cause the removal of the public pay telephone and have repair and restoration work performed at the expense of the permittee, who shall be liable for the amount expended by the city;
cc. to render a public pay telephone inoperable except for the purpose of emergency telephone service through the 911 system or an operator. Such action may continue until the violation has been corrected to the satisfaction of the commissioner and payment has been made of all civil penalties imposed for the violation and any fees for any administrative expense or expense of additional inspections incurred by the city as a result of such violation. The commissioner shall affix to any public pay phone rendered inoperable pursuant to this paragraph a notice advising the public that the phone may be used only for emergency telephone service through the 911 system or an operator and setting forth the provisions of subdivision h of this section. Any device utilized by the commissioner for the purpose of rendering a public pay telephone inoperable shall be designed so as to permit the unimpaired use of the public pay telephone upon the removal of the device;
dd. to suspend review of all applications for the issuance or renewal of permits filed by such owner pursuant to this chapter. Such suspension may continue until the violation has been corrected to the satisfaction of the commissioner and payment has been made of all fines or civil penalties imposed for the violation, any costs incurred by the city for removal and related repair or restoration work, and any fees for any administrative expense or expense of additional inspections incurred by the city as a result of such violation.
Notwithstanding the provisions of paragraph one of this subdivision, if the commissioner determines that an imminent threat to life or property exists, the commissioner may remove or cause the removal of a public pay telephone, and have repair and restoration work performed at the expense of the owner, without affording the owner an opportunity to be heard prior to such removal. An owner who is a permittee or whose name and address is shown on the public pay telephone shall be provided notice and an opportunity to be heard five days after such removal in accordance with rules of the commissioner.
The procedures set forth in this subdivision shall be employed by the commissioner in addition to or in lieu of the other remedies set forth in this section and shall not be construed to limit the power of the commissioner to commence a civil action or proceeding before the environmental control board, or to require that the commissioner resort to any procedure set forth in this subdivision as a prerequisite to the commencement of any such action or pro- ceeding.
It shall be a misdemeanor for any person: (i) to remove any device installed by the commissioner pursuant to subparagraph aa of paragraph one of subdivision g of this section or to otherwise make operable a public pay telephone upon which such a device has been installed; or (ii) to remove or deface any notice affixed to a public pay telephone pursuant to such paragraph of such subdivision. Such misdemeanor shall be punishable upon conviction by a fine of not more than ten thousand dollars or imprisonment for not more than thirty days or both such fine and imprisonment.
Any public pay telephone removed pursuant to this section which is not claimed by the owner within thirty days of removal shall be deemed to be abandoned. All abandoned public pay telephones may be sold at public auction after having been advertised in the City Record and the proceeds paid into the general fund or such abandoned telephones may be used or converted for use by the department or by another city agency. A public pay telephone shall be released to the owner upon payment of the costs of removal, repair and restoration work, and of storage, any fees for any administrative expense or expense of additional inspections incurred by the department as a result of the violation, or, if an action or proceeding for the violation is pending in a court or before the environmental control board, upon the posting of a bond or other form of security acceptable to the commissioner in an amount which will secure the payment of such costs and any fines or civil penalties which may be imposed for the violation.
Chapter 5: Accessibility To Public Data Sets section 23-501
§ 23-501 Definitions.
As used in this chapter:
“Agency” means an office, administration, department, division, bureau, board, commission, advisory committee or other governmental entity performing a governmental function of the city of New York.
“Data” means final versions of statistical or factual information (1) in alphanumeric form reflected in a list, table, graph, chart or other non-narrative form, that can be digitally transmitted or processed; and (2) regularly created or maintained by or on behalf of and owned by an agency that records a measurement, transaction, or determination related to the mission of an agency. Such term shall not include information provided to an agency by other governmental entities, nor shall it include image files, such as designs, drawings, maps, photos, or scanned copies of original documents, provided that it shall include statistical or factual information about such image files and shall include geographic information system data. Nothing in this chapter shall be deemed to prohibit an agency from voluntarily disclosing information not otherwise defined as “data” in this subdivision, nor shall it be deemed to prohibit an agency from making such voluntarily disclosed information accessible through the single web portal established pursuant to section 23-502.
“Department” means the department of information technology and telecommunications or any successor agency.
“Determination” means any final decision made by an agency with respect to a person, including, but not limited to:
(1) eligibility for services or benefits;
(2) issuing a permit;
(3) registration, certification and licensing; and
(4) liability for civil and criminal penalties.
“Measurement” means to quantify by means of comparison to a reference standard any characteristic of an observable event, occurrence or object.
“Open standard” means a technical standard developed and maintained by a voluntary consensus standards body that is available to the public without royalty or fee.
“Public data set” means a comprehensive collection of interrelated data that is available for inspection by the public in accordance with any provision of law and is maintained on a computer system by, or on behalf of, an agency. Such term shall not include:
(1) any portion of such data set to which an agency may deny access pursuant to the public officers law or any other provision of a federal or state law, rule or regulation or local law;
(2) any data set that contains a significant amount of data to which an agency may deny access pursuant to the public officers law or any other provision of a federal or state law, rule or regulation or local law and where removing such data would impose undue financial or administrative burden;
(3) data that reflects the internal deliberative process of an agency or agencies, including but not limited to negotiating positions, future procurements, or pending or reasonably anticipated legal or administrative proceedings;
(4) data stored on an agency-owned personal computing device, or data stored on a portion of a network that has been exclusively assigned to a single agency employee or a single agency owned or controlled computing device;
(5) materials subject to copyright, patent, trademark, confidentiality agreements or trade secret protection;
(6) proprietary applications, computer code, software, operating systems or similar materials; or
(7) employment records, internal employee-related directories or lists, and facilities data, information technology, internal service-desk and other data related to internal agency administration.
“Technical standard” means (1) the common and repeated use of rules, conditions, guidelines or characteristics for products or related processes and production methods, and related management systems practices; and (2) (i) the definition of terms; (ii) classification of components; (iii) delineation of procedures; (iv) specifications of dimensions, materials, performance, designs or operations; (v) measurement of quality and quantity in describing materials, processes, products, systems, services or practices; (vi) test methods and sampling procedures; or (vii) descriptions of fit and measurements of size or strength.
“Transaction” means any interaction between an agency and any person related to the mission of an agency.
“Voluntary consensus standards body” means a domestic or international organization that develops and maintains a technical standard that utilizes a transparent deliberative process, permits the participation of any party, and achieves general consensus, although not necessarily unanimity, of the participating parties, including a process for attempting to resolve any differences in viewpoint.
§ 23-502 Public data set availability.
Within one year of the effective date of this chapter and thereafter, the public data sets that agencies make available on the Internet shall be accessible through a single web portal that is linked to nyc.gov or any successor website maintained by, or on behalf of, the city of New York. If an agency cannot make all such public data sets available on the single web portal pursuant to this subdivision, the agency shall report to the department and to the council which public data set or sets that it is unable to make available, the reasons why it cannot do so and the date by which the agency expects that such public data set or sets will be available on the single web portal.
Such public data sets shall be made available in accordance with technical standards published by the department pursuant to section 23-505 of this chapter and shall be in a format that permits automated processing and shall make use of appropriate technology to notify the public of all updates.
Such public data sets shall be updated as often as is necessary to preserve the integrity and usefulness of the data sets to the extent that the agency regularly maintains or updates the public data set. The department shall preserve row data that is subject to permanent removal or replacement and shall create and preserve archival copies, or an archival compilation data set with data indexed to its time of preservation, of public data sets in accordance with the technical standards manual published by the department pursuant to section 23-505. If any public data set is available on the single web portal and another website maintained by or on behalf of the city or a city agency, when such public data set is updated on such city or city agency website, such public data set shall also be updated on the single web portal within ten days in accordance with the technical standards published by the department pursuant to section 23-505; provided that if any such public data set receives automated updates on such city or city agency website, such public data set shall be updated on the single web portal within one day of any such automated update. If there is a public data set for which such update schedule regularly cannot be met, the agency that maintains such public data set shall report to the department the reasons why it cannot meet such update schedule and the date by which the agency expects that it will be able to meet such schedule, and such information shall be disclosed in the compliance plan prepared pursuant to section 23-506.
Such public data sets shall be made available without any restrictions on their use provided that the department may require a third party providing to the public any public data set, or application utilizing such data set, to explicitly identify the source and version of the public data set, and a description of any modifications made to such public data set. Restrictions as used in this section shall not include measures required to ensure access to public data sets, to protect the single web site housing public data sets from unlawful abuse or attempts to damage or impair use of the web site, or to analyze the types of data being used to improve service delivery.
Such public data sets shall be accessible to external search capabilities.
Agencies shall review responses to freedom of information law requests that include the release of data to determine if such responses consist of or include public data sets that have not yet been included on the single web portal or the inclusion of which on the single web portal is not provided for in the compliance plan prepared pursuant to section 23-506. Each agency shall disclose in the update to such compliance plan the total number, since the last update, of such agency’s freedom of information law responses that included the release of data, the total number of such responses determined to consist of or include a public data set that had not yet been included on the single web portal and the name of such public data set, where applicable, and the total number of such responses that resulted in voluntarily disclosed information being made accessible through the single web portal.
§ 23-503 Web portal administration.
The department may take reasonable measures to maintain bandwidth availability of the web portal.
The department shall conspicuously publish the open data legal policy, as provided in section 23-504, on the web portal.
The department shall implement an on-line forum to solicit feedback from the public and to encourage public discussion on open data policies and public data set availability on the web portal.
Requests received via the on-line forum for inclusion of particular public data sets shall be considered by agencies in making determinations as to priority for public data set inclusion on the single web portal pursuant to paragraph 5 of subdivision b of section 23-506. The department shall provide an initial response to each such request within two weeks of receipt. The agency to which the department refers the request shall post its final determination as to the request on the single web portal within two months of receipt.
§ 23-504 Open data legal policy.
Public data sets made available on the web portal are provided for informational purposes. The city does not warranty the completeness, accuracy, content or fitness for any particular purpose or use of any public data set made available on the web portal, nor are any such warranties to be implied or inferred with respect to the public data sets furnished therein.
The city is not liable for any deficiencies in the completeness, accuracy, content or fitness for any particular purpose or use of any public data set, or application utilizing such data set, provided by any third party.
This chapter shall not be construed to create a private right of action to enforce its provisions. Failure to comply with this chapter shall not result in liability to an agency.
§ 23-505 Internet data set policy and technical standards.
Within one hundred eighty days of the effective date of this chapter, the department shall prepare and publish a technical standards manual for the publishing of public data sets in raw or unprocessed form through a single web portal by city agencies for the purpose of making public data available to the greatest number of users and for the greatest number of applications and shall, whenever practicable, use open standards for web publishing and e-government. Such manual shall identify the reasons why each technical standard was selected and for which types of data it is applicable and may recommend or require that data be published in more than one technical standard. The manual shall include a plan to adopt or utilize a web application programming interface that permits application programs to request and receive public data sets directly from the web portal. The manual shall also include guidelines for the division of large data sets into groups of smaller data sets, disaggregated by discrete time units, when technical barriers, archival necessity or practical concerns require such division. Such manual shall be updated by the department as necessary.
The department shall consult with voluntary consensus standards bodies and shall, when such participation is feasible, in the public interest and is compatible with agency and departmental missions, authorities and priorities, participate with such bodies in the development of technical and open standards.
Each data set on the single web portal shall include a plain language data dictionary; provided that for any data set available on the single web portal before the effective date of the local law that added this subdivision, a data dictionary shall be added to such data set no later than December 31, 2017; and provided further that for any data set made available on the single web portal on or after the effective date of the local law that added this subdivision and before December 31, 2017, a data dictionary shall be added to such data set no later than thirty days after such data set is made available on the single web portal. Such data dictionary shall provide a description for each column heading used within the data set and shall include a description of any acronym, technical term, unit of measure, range of possible values, relationship between or among columns within the data set, frequency of updates to the data set, and other information or description that can provide context to the data, such as the method of collection, a history of modifications to the data set format, data or methods of collection, or any other contextual information that the agency providing the data deems relevant or the technical standards manual requires. Such data dictionary shall be in a format and layout to be determined by the technical standards manual. The data dictionary accompanying each data set, or a link to such data dictionary, shall be included directly on the single web portal. The most recent upload date and generation date for each data set shall be included directly on the single web portal.
The manual described in subdivision a of this section shall include a technical standard requiring every public data set containing address information to utilize a standard field layout and presentation of address information and include corresponding community district and geospatial reference data. If there is a public data set for which an agency cannot utilize such standard field layout and presentation of address information, such agency shall report to the department and to the council the reasons why it cannot, and the date by which the agency expects that it will be able to utilize such standard field layout and presentation of address information, and such information shall be disclosed in the compliance plan prepared pursuant to section 23-506.
Every two years, the department shall review the technical standards manual and electronically submit to the mayor and the speaker of the council a report of this review, including any updates pursuant to the compliance plan required under 23-506. The department shall establish a method through which the public may comment on the technical standards manual.
§ 23-506 Agency compliance plan.
Within eighteen months of the effective date of this chapter, the department shall submit a compliance plan to the mayor and the council and shall make such plan available to the public on the web portal. Each agency shall cooperate with the department in its preparation of such plan. The plan shall include a summary description of public data sets under the control of each agency on or after the effective date of this chapter, and shall prioritize such public data sets for inclusion on the single web portal on or before December 31, 2018 in accordance with the standards promulgated by the department pursuant to section 23-505 and shall create a timeline for their inclusion on the single web portal. If a public data set or sets cannot be made available on the single web portal on or before December 31, 2018, the plan shall state the reasons why such set or sets cannot be made available, and, to the extent practicable, the date by which the agency that owns the data believes that it will be available on the single web portal.
For purposes of prioritizing public data sets, agencies shall consider whether information embodied in the public data set: (1) can be used to increase agency accountability and responsiveness; (2) improves public knowledge of the agency and its operations; (3) furthers the mission of the agency; (4) creates economic opportunity; or (5) responds to a need or demand identified by public consultation.
No later than September fifteen, 2018, and every September fifteen thereafter, the department shall submit and post on the web portal an update of the compliance plan to the mayor and the council until all public data sets have been made available through a single web portal in compliance with this chapter. Such update shall include the specific measures undertaken to make public data sets available on the single web portal since the immediately preceding update, specific measures that will be undertaken prior to the next update, an update to the list of public data sets, if necessary, any changes to the prioritization of public data sets and an update to the timeline for the inclusion of data sets on the single web portal, if necessary. If a public data set cannot be made available on the single web portal on or before December 31, 2018, the update shall state the reasons why it cannot and, to the extent practicable, the date by which the agency believes that such public data set will be available on the single web portal.
§ 23-507 Agency open data coordinator.
The head of each agency shall designate an employee of such agency to serve as the open data coordinator for such agency. Such coordinator shall be responsible for ensuring that such agency complies with the requirements of this chapter and for receiving and responding to feedback from the public regarding such agency’s public data sets.
§ 23-508 Web portal site analytics.
The department shall collect, analyze and publish data on how users interact with the portal established pursuant to section 23-502. Such data shall include, but need not be limited to, number of page views, number of unique users and the location from which a user accesses such portal. Location shall not refer to any user’s internet protocol address and it shall not include the user’s personally identifying information.
§ 23-509 Status of all public data sets.
No later than September fifteen, 2018, the department shall provide, and update in real-time, the following information on each data set classified as a public data set on or after March 7, 2012:
Each scheduled publication date;
If such data set has been published, the date of such publication, the date of the most recent update to such data set, and the current location of the data set;
Status of compliance with subdivision c of section 23-502 of this chapter;
Status of compliance with subdivision c and subdivision d of section 23-505 of this chapter;
Whether the data set is automated; and
Whether the data set feasibly can be automated.
Chapter 6: City Issued Permits, Licenses, and Registrations
§ 23-601 Mobile access to additional information.
Any permit, license, or registration that is issued by any city agency, and which is required by any law or rule to be conspicuously posted or otherwise visible to the public, shall include technology or technologies, such as a quick response code or a near field communication tag, by which an individual with a properly equipped mobile device may directly access publicly available information maintained online by the agency relating specifically to such permit, license, or registration. “Scan for more info,” or other similarly descriptive text describing the purpose or use of the technology, shall be printed near the technology or technologies on the permit, license, or registration.
The requirements of subdivision a of this section shall not apply to any permit, license, or registration about which no publicly available information beyond that which is printed on such permit, license, or registration is maintained online by the agency issuing such permit, license, or registration. If publicly available information maintained by the agency beyond that which is printed on such permit, license, or registration is made available by the agency online subsequent to the issuance of such permit, license, or registration, the requirements of subdivision a of this section shall apply to the next issuance of such permit, license, or registration.
The department of information technology and telecommunications, or any successor agency, shall prepare and publish a technical manual specifying the appropriate technology or technologies for inclusion on such permits, licenses, and registrations, taking into account, at a minimum, the cost, accessibility, and potential usefulness of the technology or technologies, and shall review, and update as necessary, such manual at least once every two years.
Chapter 7: Department of Health and Mental Hygiene
§ 23-701. Restaurant inspection data.
For so long as the department operates a letter grading system for sanitary inspection results, as provided in sections 23-03, 23-04 of the rules of the city of New York, and 81.51 of the New York city health code, the following data for each sanitary inspection conducted at a food service establishment shall be collected and reported in accordance with section 23-505 of this code and any rules promulgated thereunder:
the inspection type as defined in section 23-01 of the rules of the city of New York;
each violation cited and the number of points allocated per violation;
total score awarded upon inspection, or, if such inspection result is contested in an administrative tribunal, after adjudication;
the date of any such adjudication; and
if monetary penalties are assessed, the amount of such penalty.
§ 23-702 School food service establishment inspection results.*
For the purposes of this section the term “school food service establishment” means a cafeteria or kitchen in a school that is subject to the provisions of article 81 of title 24 of the New York city health code.
The department of education shall, for each school food service establishment in a school of the city school district, post on its website no fewer than three years of inspection results from the department of health and mental hygiene beginning with any inspection after September 1, 2017. Such inspection results shall show such school food service establishment’s degree of compliance with the provisions of the New York city health code, the state sanitary code and other applicable laws that require such establishments to operate in a sanitary manner so as to protect public health.
The department of health and mental hygiene shall, for each school food service establishment for which inspection results are not posted pursuant to subdivision b, post on its website no fewer than three years of inspection results beginning with any inspection after September 1, 2017. Such inspection results shall show such school food service establishment’s degree of compliance with the provisions of the New York city health code, the state sanitary code and other applicable laws that require such establishments to operate in a sanitary manner so as to protect public health.
§ 23-702 School cafeteria and kitchen inspection data.*
Whenever any cafeteria or kitchen in a school of the city school district is inspected by the department of health and mental hygiene, the city school district shall post the following information on its website:
the date of the inspection or reinspection;
the name and address of the school where the inspected cafeteria or kitchen is located;
the facts established observed violations, if any, during such inspection and the severity level of such violations;
citations to the laws, regulations or rules for any violations observed during such inspection; and
any corrective actions taken in response to such inspection.
Inspection results posted on the website for the city department of education pursuant to this section shall be searchable by the school name and address.
At least once every school year, the principal of every school of the city school district where students use a cafeteria or kitchen shall inform the parent or legal guardian of each student of such school that the information required by this section is available on the website of the city department of education. The principal shall inform such parent or legal guardian that such information is available in a manner consistent with how other information is communicated to such parent or legal guardian, including, but not limited to, email, mail, parent newsletter or notice to students to show their parent or legal guardian.
Chapter 8: City Websites
§ 23-801 Access to translation.
Every website maintained by or on behalf of the city or a city agency shall include a translation feature for viewing the text of that website, wherever practicable, in languages other than English. Such translation feature shall be indicated by a means, other than or in addition to English, that is comprehensible to speakers of the seven most commonly spoken languages within the city as determined by the department of city planning, which may include a rotating language sequence.
§ 23-802 Accessibility.
The mayor or the mayor’s designee shall adopt a protocol for websites maintained by or on behalf of the city or a city agency relating to website accessibility for persons with disabilities. Such protocol shall provide for agency websites to use either of the following standards: 36 CFR § 1194.22 or the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA, developed by the Worldwide Web Consortium, or any successor standards, provided that the adopted protocol may differ from these standards in specific instances when the mayor or mayor’s designee determines, after consulting with experts in website design and reasonable accommodations for people with disabilities, and the holding of a public hearing, that such differences will provide effective communication for people with disabilities, and that such differences are documented in such protocol. Such protocol shall be made available online. This section does not require an agency to take any action that would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.
No later than July 1, 2017, and every two years thereafter, the mayor or the mayor’s designee shall submit to the council a written report that documents the compliance of websites maintained by or on behalf of the city or a city agency with the protocol adopted pursuant to subdivision a of this section.
§ 23-803 Online interactive map.
The department of environmental protection shall provide to the public, at no charge, on the city’s website, an online interactive map pursuant to section 24-309.1. All information required by section 24-309.1 shall be available on the city’s website on or before June 1, 2019 and updated, at minimum, in June of each year. The mayor shall ensure that agencies provide such department with assistance and information as it requires to compile and update the interactive map.
Chapter 10: Nondiscriminatory Access to Services
§ 23-1001 Definitions.
For the purposes of this chapter:
ADA. “ADA” means the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq.
ADA coordinator. “ADA coordinator” means the employee designated by an agency pursuant to 28 CFR § 35.107.
§ 23-1002 Disability service facilitator.
The head of each agency, in consultation with the mayor’s office for people with disabilities, shall designate an employee as such agency’s disability service facilitator, to coordinate its efforts to comply with and carry out its responsibilities under the ADA and other federal, state, and local laws and regulations concerning accessibility for persons with disabilities. Such facilitator shall be knowledgeable about the ADA, and other federal, state, and local laws and regulations concerning persons with disabilities. The functions of such facilitator, at the discretion of each agency, may be performed by the employee or employees designated by such agency to be that agency’s ADA coordinator. Agencies with fifty or fewer employees may, in consultation with the mayor’s office for people with disabilities, designate an employee of the city to serve as the disability service facilitator for more than one of such agencies.
The functions of the disability service facilitator shall include, but not be limited to:
Serve as the primary contact within that respective agency for persons with disabilities requesting auxiliary services;
Coordinate auxiliary services for persons with disabilities;
Respond to inquiries from members of the public concerning accessibility;
Develop agency policies and procedures to ensure full programmatic and communication accessibility for persons with disabilities;
Conduct periodic training for agency staff on disability access issues, as may be required by the head of such agency;
Provide accessible notices to members of the public advising them of their rights under the ADA, the New York state human rights law, the New York city human rights law, and regulations promulgated by such agency related to persons with disabilities, as well as the agency’s ADA grievance procedure;
Assist in the investigation of any complaint communicated to such respective agency alleging its noncompliance with the ADA and/or other applicable federal, state, and local laws relating to people with disabilities, or alleging any actions that would be prohibited by such laws;
Document and maintain records of complaints made pursuant to the ADA and other applicable federal, state, and local laws relating to people with disabilities, and forward such complaints to the mayor’s office for people with disabilities;
Analyze and make recommendations to the head of each such agency and to the mayor’s office for people with disabilities to resolve physical and programmatic access issues; and
Perform any other functions as may be assigned by the head of each agency.
At the request of the mayor’s office for people with disabilities, the head of each agency shall make such agency’s disability service facilitator available to confer with, and receive periodic training from, the mayor’s office for people with disabilities.
Each agency shall post the name, office address, electronic mail address, and telephone number of the employee or employees designated as the disability service facilitator on their website. The mayor’s office for people with disabilities shall post on its website the names of persons designated to act as the disability service facilitator within each agency.
§ 23-1003 Notification of accessibility for events open to the public.
For the purposes of this section, “events open to the public” shall mean any event to which members of the general public are invited, whether for a fee or complimentary, hosted by a city agency, except that community boards and community district education councils may comply with the provisions of this section if practicable.
Agencies shall encourage contracted entities to comply with the requirements of subdivisions c and d of this section for events hosted by such entities.
All advertisements, posters, invitations, and other publicity materials for events open to the public, whether in print or via electronic means, shall contain information regarding who to contact for information regarding accessibility for people with disabilities at the event and a deadline for when requests for accommodations for people with disabilities must be received by the organizer of the event.
All materials described in subdivision c of this section, to the extent practicable for the selected form of media, shall include information regarding the availability of:
wheelchair accessibility at the venue or venues for the event, which shall be designated by the symbol provided for in section one hundred one of the executive law, or successor symbol;
communication access real-time translation, which shall be designated by the letters “C-A-R-T”; sign language interpretation at the event for persons who are deaf or hard of hearing, which shall be designated by the international symbol or successor symbol to indicate the availability of sign language interpretation; or any other technology or service for persons who are deaf or hard of hearing, at the venue or venues for the event;
assistive listening systems for people with hearing loss at the venue or venues for the event, which shall be designated by the international symbol of access for hearing loss or successor symbol, and when available, the specific kind of system, including, but not limited to, induction loop assistive listening systems; and
any other accommodations for people with disabilities that will be available at the venue or venues for the event, which shall be indicated by the relevant international symbol if applicable.
The mayor’s office for people with disabilities shall develop, make available on its website, and distribute to each agency, and members of the public upon request, a guide to assist agencies in notifying the public about the availability of, and responding to requests for, reasonable accommodations described in subdivision d of this section. The guide shall contain a comprehensive list of common disability access symbols, and shall be periodically updated as appropriate.
Chapter 11: Language Access
§ 23-1101 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
Covered agencies. The term “covered agencies” means every city agency that provides direct public services or emergency services.
Designated citywide languages. The term “designated citywide languages” means the top six limited English proficiency languages spoken by the population of New York city as determined by the department of city planning and the office of the language services coordinator, based on United States census data; and the top four limited English proficiency languages spoken by the population served or likely to be served by the agencies of the city of New York as determined by the office of the language services coordinator, based on language access data collected by the department of education, excluding the languages designated based on United States census data.
Direct public services. The term “direct public services” shall mean services administered by an agency directly to program beneficiaries, participants, or applicants.
§ 23-1102 Language access implementation plans.
Every covered agency shall provide language access services for all designated citywide languages. Such language access services shall include, but not be limited to:
identifying and translating those documents most commonly distributed to the public that contain or elicit important and necessary information regarding the provision of basic city services;
providing interpretation services, including through telephonic interpretation services; and
posting of multilingual signage in conspicuous locations about the availability of free interpretation services.
Each covered agency shall, in consultation with the office of the language services coordinator and the office of immigrant affairs, develop and implement an agency-specific language access implementation plan to describe how language access services will be provided and to ensure meaningful access to information and direct public services. The implementation plans of emergency service providers shall include provision for their requirements to be implemented to the degree practicable. For each covered agency, the language access implementation plan shall:
designate a language access coordinator to oversee the creation and execution of such implementation plan and provide for the name and title of such language access coordinator to be posted in a conspicuous place on such agency’s website;
describe how such agency will provide the language access services required by subdivision a.
consider the following factors in developing such implementation plan: (a) the number or proportion of limited English proficiency persons in the eligible service population; (b) the frequency with which limited English proficiency individuals come into contact with the agency, including the evaluation conducted pursuant to paragraph 4 of this subdivision; (c) the importance of the benefit, service, information, or encounter to the limited English proficiency person (including the consequences of lack of language services or inadequate interpretation or translation); and (d) the resources available to the agency and the costs of providing various types of language services.
incorporate an evaluation of the language access needs of the service population, or likely service population, of such agency, and consider under what circumstance some or all of the direct public services of such agency should be provided in a language or languages supplemental to the designated citywide languages. Such evaluation should consider any available data on the service population of such agency, including but not limited to (i) relevant survey data collected pursuant to paragraph 1 of subdivision i of section 15 of the charter, (ii) language data collected by such agency through intake processes or other processes for collecting client, applicant or participant information, and (iii) the data collected by such agency on language access services rendered or requested. Such evaluation should also consider any information collected pursuant to paragraph 3 of subdivision c of section 15 of the charter.
incorporate planning to address language access needs in the agency’s emergency preparedness and response;
incorporate consideration of language access in agency communications, including emergency notifications, public hearings and events, press releases, and other communications to the public;
incorporate plain language principles for documents most commonly distributed to the public that contain or elicit important and necessary information regarding the provision of basic city services and for other public communications, by using plain language, where possible, in place of technical, legal, or specialized terms, and by using layout and design strategies to make such documents and communications easier to read, understand, and act upon;
incorporate the training of frontline workers and managers on language access policies and procedures;
incorporate appropriate public awareness strategies regarding the agency’s language access services;
include a process to monitor and timely respond to public complaints regarding language access;
determine such agency’s capacity with regard to providing language access services, both through agency staffing and contracts with third parties; and
describe the steps by which such agency’s language access policy will be effectuated, provided that for any designated citywide language for which such agency does not provide language access services at the time of the enactment of this section, such agency shall provide such services (i) by July 1, 2020 for purposes of issuing a license, permit or registration, and (ii) by July 1, 2018 for all other purposes of this section.
Each covered agency shall provide for telephonic interpretation services in at least 100 languages, including both common and esoteric languages as identified by the office of the language services coordinator.
Each covered agency shall update its language access implementation plan, based on changes in the agency’s service population or services, at least every three years and publish such implementation plan on its website.
Chapter 12: Identifying Information
§ 23-1201 Definitions.
As used in this chapter, the following terms have the following meanings:
Chief privacy officer. The term “chief privacy officer” means the person designated by the mayor pursuant to subdivision h of section 8 of the charter to act as the city’s chief privacy officer, or their designee.
Contracting agency. The term “contracting agency” means a city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution, or agency of government, the expenses of which are paid in whole or in part from the city treasury.
Contractor. The term “contractor” means a person who is a party to a contract with a contracting agency to provide human services, or other services designated in policies and protocols of the chief privacy officer.
Employee. The term “employee” means any officer or other person whose salary or wages are paid by a city agency.
Human services. The term “human services” has the meaning set forth in subdivision c of section 6-129.
Identifying information. The term “identifying information” means any information obtained by or on behalf of the city that may be used on its own or with other information to identify or locate an individual, including, but not limited to: name, sexual orientation, gender identity, race, marital or partnership status, status as a victim of domestic violence or sexual assault, status as a crime victim or witness, citizenship or immigration status, eligibility for or receipt of public assistance or city services, all information obtained from an individual’s income tax records, information obtained from any surveillance system operated by, for the benefit of, or at the direction of the police department, motor vehicle information or license plate number, biometrics such as fingerprints and photographs, languages spoken, religion, nationality, country of origin, place of birth, arrest record or criminal conviction, employment status, employer information, current and previous home and work addresses, contact information such as phone number and email address, information concerning social media accounts, date and/or time of release from the custody of the administration for children’s services, the department of correction, or the police department, any scheduled court appearances, or any scheduled appointments with any employee, contractor, or subcontractor.
Privacy officer. The term “privacy officer” means the person designated by the head of each city agency to act as such agency’s privacy officer. Where a disclosure of identifying information is in response to a request pursuant to the state freedom of information law, city agencies’ freedom of information law officers may perform the functions otherwise performed by the privacy officer with respect to such request.
Routine collection or disclosure. The term “routine collection or disclosure” means the collection or disclosure of identifying information that is made during the normal course of city agency business and furthers the purpose or mission of such agency. Routine collection or disclosure also includes the collection or disclosure of identifying information that occurs between agencies of the city when the privacy officers of the collecting agency and the disclosing agency agree that the collection or disclosure furthers the purpose or mission of their respective agencies.
Subcontractor. The term “subcontractor” means a person who is a party to a contract with a contractor to provide human services, or other services designated in policies and protocols of the chief privacy officer.
Third party. The term “third party” means any person other than: (i) personnel of the city, the department of education, or a local public benefit corporation or local public authority, or (ii) personnel of a contractor or subcontractor where such contractor or subcontractor is authorized to possess the relevant identifying information.
§ 23-1202 Collection, retention and disclosure of identifying information.
Employees, contractors, and subcontractors shall collect, retain, and disclose identifying information only in accordance with this chapter.
Collection.
Absent exigent circumstances, no employee shall collect identifying information without the written approval of the privacy officer of such employee’s agency. In addition, such collection shall not be allowed unless it:
(a) furthers the purpose or mission of such city agency; or
(b) is required by law or treaty.
Notwithstanding the provisions of paragraph 1 of this subdivision:
(a) the privacy officer of an employee’s agency may approve in advance certain routine collections of identifying information;
(b) the chief privacy officer may approve in advance a collection of identifying information not otherwise authorized by paragraph 1 of this subdivision upon the determination that such collection is in the best interests of the city; and
(c) the provisions of paragraph 1 of this subdivision do not apply:
(1) to any collection of identifying information by or to the police department in connection with an investigation of a crime that has been committed or credible information about an attempted or impending crime, or
(2) where the collection is in connection with an open investigation by a city agency concerning the welfare of a minor or an individual who is otherwise not legally competent.
Any such collections shall not require any additional approval by the privacy officer or chief privacy officer.
Disclosure.
Absent exigent circumstances, no employee shall disclose identifying information to any party outside such employee’s agency, including an employee of another city agency, without the written approval of the privacy officer of such agency. In addition, such disclosure shall not be allowed unless it:
(a) has been authorized in writing by the individual to whom such information pertains or, if such individual is a minor or is otherwise not legally competent, by such individual’s parent, legal guardian, or other person with legal authority to consent on behalf of the individual;
(b) furthers the purpose or mission of such city agency; or
(c) is required by law or treaty.
Notwithstanding the provisions of this subdivision:
(a) the privacy officer of an employee’s agency may approve in advance certain routine disclosures of identifying information;
(b) the chief privacy officer may approve in advance a disclosure to another city agency or agencies not otherwise authorized by paragraph 1 of this subdivision upon the determination that such disclosure is in the best interests of the city; and
(c) the provisions of paragraph 1 of this subdivision do not apply:
(1) to any disclosure of identifying information by or to the police department in connection with an investigation of a crime that has been committed or credible information about an attempted or impending crime, or
(2) where the disclosure is in connection with an open investigation by a city agency concerning the welfare of a minor or an individual who is otherwise not legally competent.
Any such disclosure shall not require any additional approval by the privacy officer or chief privacy officer.
Any request for identifying information or a proposal for the unsolicited disclosure of identifying information by an employee that does not concern a routine disclosure shall be sent to the privacy officer of such employee’s agency as soon as practicable.
If an individual’s identifying information is disclosed in violation of this chapter, the privacy officer of such employee’s agency that becomes aware of such disclosure shall notify the chief privacy officer as soon as practicable and, if such disclosure is one described in policies and protocols issued pursuant to subdivision 6 of section 23-1203, the agency responsible for the disclosure shall make reasonable efforts to notify such individual in writing of the identifying information disclosed and to whom it was disclosed as soon as practicable; provided, however, that this paragraph shall not require any notification that would violate the provisions of subdivision e of section 23-1204. The chief privacy officer shall submit a quarterly report containing an anonymized compilation or summary of such disclosures to the speaker of the council and shall make such report available online. Such report may be combined with the report required by subdivision d of this section.
Exigent circumstances.
In the event identifying information is collected or disclosed under exigent circumstances, information about such collection or request and disclosure, along with an explanation of why such exigent circumstances existed, shall be sent to the chief privacy officer as soon as practicable after such collection or disclosure. This subdivision shall not require any such notification where:
(a) the collection or disclosure is by or to the police department in connection with an open investigation of criminal activity;
(b) the collection or disclosure is in connection with an open investigation concerning the welfare of a minor or an individual who is otherwise not legally competent; or
(c) the collection or disclosure is by or to an employee acting in furtherance of law enforcement or public health or safety powers of such employee’s agency under exigent circumstances and such collections or disclosures occur during the normal course of such agency’s business.
The chief privacy officer shall submit a quarterly report containing an anonymized compilation or summary of such disclosures to the speaker of the council and make such report available online.
Retention. A city agency shall retain identifying information where required by law. In addition, a city agency may retain identifying information to further the purpose or mission of such city agency, or when retention is in the interest of the city and is not contrary to the purpose or mission of such agency. This subdivision shall not prohibit a city agency from retaining aggregate demographic information that is anonymized.
Agency policies and protocols. Each city agency, acting in accordance with the policies and protocols of the chief privacy officer, may issue additional agency-specific guidance in furtherance of this chapter, including the policies and protocols promulgated pursuant to section 23-1203.
Contractors and subcontractors. Each city agency shall require contractors that obtain identifying information, whether directly or through subcontractors, to apply the requirements of subdivisions b, c, d, and e of this section and any applicable policies and protocols adopted pursuant to this chapter; provided, however, that the duties of the privacy officer may be exercised by such contractors and subcontractors by designation of the agency.
Private right of action. Nothing in this chapter shall be construed to create a private right of action to enforce any provision of such chapter.
Construction. Nothing in this chapter shall prohibit city officers and employees from performing their duties in accordance with federal, state, and local law.
§ 23-1203 Policies and protocols of the chief privacy officer.
The policies and protocols promulgated by the chief privacy officer pursuant to subdivision h of section 8 of the charter shall, at a minimum:
require that identifying information is anonymized where appropriate in accordance with the purpose or mission of a city agency;
require the privacy officer of each city agency to issue guidance to city agency employees, contractors and subcontractors regarding such agency’s collection, retention, and disclosure of identifying information;
require any city agency disclosing identifying information to a third party when such a disclosure is not classified as routine pursuant to section 23-1202 to enter into an agreement ensuring that the anticipated use and any potential future use of such information by such third party occurs only in a manner consistent with this chapter unless: (i) such disclosure is made under exigent circumstances, or (ii) such an agreement would not further the purposes of this chapter due to the absence of circumstances in which such disclosure would unduly compromise an important privacy interest.
describe disclosures of identifying information to third parties when such a disclosure is classified as routine pursuant to section 23-1202 for which, because of the nature or extent of such disclosures or because of the nature of the relationship between the city agency and third party, such disclosing agency is required to enter into an agreement with such third party requiring that the anticipated use and any potential future use of such information by such third party occurs only in a manner consistent with this chapter;
describe disclosures of identifying information that are not to be treated as routine pursuant to section 23-1202, as determined by the nature and extent of such disclosures, and require an additional level of review and approval by the privacy officer of such agency or the contractor or subcontractor before such disclosures are made;
describe circumstances when disclosure of an individual’s identifying information to third parties in violation of this chapter would, in light of the nature, extent, and foreseeable adverse consequences of such disclosure, require the disclosing city agency, contractor, or subcontractor to make reasonable efforts to notify the affected individual as soon as practicable;
establish standard contract provisions, or required elements of such provisions, related to the protection of identifying information;
require the privacy officer of each city agency to arrange for dissemination of information to agency employees, contractors, and subcontractors and develop a plan for compliance with this chapter and any policies and protocols developed under this chapter; and
establish a mechanism for accepting and investigating complaints for violations of this chapter.
§ 23-1204 Committee.
There is hereby established in the office of the mayor, or such other city agency headed by a mayoral appointee as the mayor may determine, an identifying information protection committee.
Such committee shall consist of:
(a) the corporation counsel or a designee of the corporation counsel;
(b) the director of the mayor’s office of operations or such director’s designee;
(c) the coordinator of criminal justice or such coordinator’s designee;
(d) any deputy mayors who may be designated by the mayor to serve on such committee or their designees; and
(e) the commissioners of the following agencies or such commissioners’ designees:
(1) the administration for children’s services;
(2) the department of social services;
(3) the police department;
(4) the department of correction;
(5) the department of probation;
(6) the department of health and mental hygiene;
(7) the department of information technology and telecommunications;
(8) the fire department; and
(9) representatives of such other agencies as the mayor may designate having relevant duties or expertise with respect to federal, state, and local laws and policies relating to protecting identifying information.
Unless otherwise determined by the mayor, the chair of such committee shall be the director of the mayor’s office of operations or such director’s designee. Staff services for such committee shall be provided by the participating agencies.
The committee, in collaboration with the chief privacy officer, shall review city agency reports provided pursuant to section 23-1205 and recommend policies and procedures regarding the collection, retention and disclosure of identifying information while taking into consideration each city agency’s unique mission, subject matter expertise, and legal obligations.
No later than October 30, 2018, the committee shall communicate its final recommendations pursuant to subdivision b of this section along with the city agency reports required pursuant to section 23-1205 to the applicable city agencies, the mayor, the speaker of the council, and the chief privacy officer. Beginning July 31, 2020 and every two years thereafter, the committee shall review such agency reports and any policies and protocols adopted pursuant to this chapter.
Within 90 days of receiving any final recommendations of the committee, the chief privacy officer shall adopt policies and protocols, in accordance with sections 23-1202 and 23-1203, as necessary or appropriate in furtherance of this chapter.
No information that is otherwise required to be reported or disclosed pursuant to this section shall be reported or disclosed in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of information or that would interfere with a law enforcement investigation or other investigative activity by an agency or would compromise public safety.
§ 23-1205 City agency policies.
No later than July 31, 2018, and every two years thereafter by July 31, each city agency shall provide a report regarding the collection, retention, and disclosure of identifying information by such agency and any contractors or subcontractors utilized by such agency. Each such report shall include:
information concerning identifying information collected, retained, and disclosed, including:
(a) the types of identifying information collected, retained, and disclosed, including, but not limited to, where practicable, those types enumerated in the definition of identifying information;
(b) the types of collections and disclosures classified as routine and any collections or disclosures approved by the chief privacy officer;
(c) current policies regarding collection, retention, and disclosure, including:
(1) policies regarding requests for disclosures from other city agencies, local public authorities or local public benefit corporations, and third parties;
(2) policies regarding proposals for disclosures to other city agencies, local public authorities or local public benefit corporations, and third parties;
(3) policies regarding the classification of disclosures as necessitated by the existence of exigent circumstances or as routine; and
(4) which divisions and categories of employees within an agency make disclosures of identifying information following the approval of the privacy officer;
(d) use of agreements regarding the anticipated use and any potential future use of identifying information disclosed;
(e) types of entities requesting the disclosure of identifying information or proposals for disclosures of identifying information, the reasons why an agency discloses identifying information in response to requests or proposes the disclosure of identifying information, and why any such disclosures furthers the purpose or mission of such agency; and
(f) the reasons why any collection and retention of identifying information furthers the purposes or mission of such agency;
the impact of any privacy policies and protocols issued by the chief privacy officer, any guidance issued by the privacy officer of such agency or the committee, the provisions of this chapter, and other applicable law on the agency’s collection, retention, and disclosure of identifying information;
consideration and implementation, where applicable, of alternative policies that minimize the collection, retention, and disclosure of identifying information to the greatest extent possible while furthering the purpose or mission of such agency; and
policies on access to identifying information by employees, contractors, and subcontractors, including consideration of the necessity of access to such information for the performance of their duties and implementation of policies that minimize such access to the greatest extent possible while furthering the purpose or mission of an agency.
Each city agency shall submit the report prepared pursuant to subdivision a of this section to the mayor, the speaker of the council, the chief privacy officer, and the committee.
No information that is otherwise required to be reported or disclosed pursuant to this section shall be reported or disclosed in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of information or that would interfere with a law enforcement investigation or other investigative activity by an agency or would compromise public safety.