New York State Consolidated Laws : Civil Rights
ARTICLE 5
Right of Privacy
Section 50. Right of privacy.
50-a. Personnel records of police officers, firefighters and
correction officers.
50-b. Right of privacy; victims of sex offenses.
50-c. Private right of action.
50-d. Personnel records of court officers.
50-e. Personnel records of bridge and tunnel officers, sergeants and
lieutenants.
51. Action for injunction and for damages.
52. Televising, broadcasting or taking motion pictures of certain
proceedings prohibited.
Sec. 50. Right of privacy. A person, firm or corporation
that uses for advertising purposes, or for the purposes of trade,
the name, portrait or picture of any living person without having
first obtained the written consent of such person, or if a minor
of his or her parent or guardian, is guilty of a misdemeanor.
S 50-a. Personnel records of police officers, firefighters and
correction officers. 1. All personnel records, used to evaluate
performance toward continued employment or promotion, under the control
of any police agency or department of the state or any political
subdivision thereof including authorities or agencies maintaining police
forces of individuals defined as police officers in section 1.20 of the
criminal procedure law and such personnel records under the control of a
sheriff`s department or a department of correction of individuals
employed as correction officers and such personnel records under the
control of a paid fire department or force of individuals employed as
firefighters or firefighter/paramedics shall be considered confidential
and not subject to inspection or review without the express written
consent of such police officer, firefighter, firefighter/paramedic or
correction officer except as may be mandated by lawful court order.
2. Prior to issuing such court order the judge must review all such
requests and give interested parties the opportunity to be heard. No
such order shall issue without a clear showing of facts sufficient to
warrant the judge to request records for review.
3. If, after such hearing, the judge concludes there is a sufficient
basis he shall sign an order requiring that the personnel records in
question be sealed and sent directly to him. He shall then review the
file and make a determination as to whether the records are relevant and
material in the action before him. Upon such a finding the court shall
make those parts of the record found to be relevant and material
available to the persons so requesting.
4. The provisions of this section shall not apply to any district
attorney or his assistants, the attorney general or his deputies or
assistants, a county attorney or his deputies or assistants, a
corporation counsel or his deputies or assistants, a town attorney or
his deputies or assistants, a village attorney or his deputies or
assistants, a grand jury, or any agency of government which requires the
records described in subdivision one, in the furtherance of their
official functions.
S 50-b. Right of privacy; victims of sex offenses. 1. The identity
of any victim of a sex offense, as defined in article one hundred thirty
or section 255.25 of the penal law, shall be confidential. No report,
paper, picture, photograph, court file or other documents, in the
custody or possession of any public officer or employee, which
identifies such a victim shall be made available for public inspection.
No such public officer or employee shall disclose any portion of any
police report, court file, or other document, which tends to identify
such a victim except as provided in subdivision two of this section.
2. The provisions of subdivision one of this section shall not be
construed to prohibit disclosure of information to:
a. Any person charged with the commission of a sex offense, as defined
in subdivision one of this section, against the same victim; the counsel
or guardian of such person; the public officers and employees charged
with the duty of investigating, prosecuting, keeping records relating to
the offense, or any other act when done pursuant to the lawful discharge
of their duties; and any necessary witnesses for either party; or
b. Any person who, upon application to a court having jurisdiction
over the alleged sex offense, demonstrates to the satisfaction of the
court that good cause exists for disclosure to that person. Such
application shall be made upon notice to the victim or other person
legally responsible for the care of the victim, and the public officer
or employee charged with the duty of prosecuting the offense; or
c. Any person or agency, upon written consent of the victim or other
person legally responsible for the care of the victim, except as may be
otherwise required or provided by the order of a court.
3. The court having jurisdiction over the alleged sex offense may
order any restrictions upon disclosure authorized in subdivision two of
this section, as it deems necessary and proper to preserve the
confidentiality of the identity of the victim.
4. Nothing contained in this section shall be construed to require the
court to exclude the public from any stage of the criminal proceeding.
S 50-c. Private right of action. If the identity of the victim of a
sex offense is disclosed in violation of section fifty-b of this
article, any person injured by such disclosure may bring an action to
recover damages suffered by reason of such wrongful disclosure. In any
action brought under this section, the court may award reasonable
attorney`s fees to a prevailing plaintiff.
S 50-d. Personnel records of court officers. 1. As used in this
section, "personnel records of court officers" means all personnel
records of court officers as defined in paragraph a of subdivision
twenty-one of section 2.10 of the criminal procedure law, used to
evaluate performance toward continued employment or promotion, and under
the control of the office of court administration.
2. Personnel records of court officers shall be disclosed in a court
action pursuant to the relevant provisions of the criminal procedure
law, the civil practice law and rules, or any other provision of law
governing such disclosure only after the court has notified the subject
of such record that such record may be disclosed in a court action and
the court has given the subject of such record an opportunity to be
heard on the question of whether the records sought are relevant and
material in the action before the court. If, after such hearing, the
court determines that only a portion of such records are relevant and
material in the action before it, it shall make those parts of the
record found to be relevant and material available to the persons so
requesting.
3. The provisions of this section shall not apply to any grand jury or
any agency of government which requires the records described in
subdivision one of this section in the furtherance of their official
duties.
S 50-e. Personnel records of bridge and tunnel officers, sergeants and
lieutenants. 1. As used in this section, "personnel records of bridge
and tunnel officers, sergeants and lieutenants" means all personnel
records of bridge and tunnel officers, sergeants and lieutenants as
defined in subdivision twenty of section 2.10 of the criminal procedure
law, used to evaluate performance toward continued employment or
promotion, and under the control of the Triborough bridge and tunnel
authority.
2. Personnel records of bridge and tunnel officers, sergeants and
lieutenants shall be disclosed in a court action pursuant to the
relevant provisions of the criminal procedure law, the civil practice
law and rules, or any other provision of law governing such disclosure
only after the court has notified the subject of such record that such
record may be disclosed in a court action and the court has given the
subject of such record an opportunity to be heard on the question of
whether the records sought are relevant and material in the action
before the court. If, after such hearing, the court determines that only
a portion of such records are relevant and material in the action before
it, it shall make those parts of the record found to be relevant and
material available to the persons so requesting.
3. The provisions of this section shall not apply to any grand jury or
any agency of government which requires the records described in
subdivision one of this section in the furtherance of their official
duties.
S 51. Action for injunction and for damages. Any person whose
name, portrait or picture is used within this state for advertising
purposes or for the purposes of trade without the written consent first
obtained as above provided may maintain an equitable action in the
supreme court of this state against the person, firm or corporation so
using his name, portrait or picture, to prevent and restrain the use
thereof; and may also sue and recover damages for any injuries sustained
by reason of such use and if the defendant shall have knowingly used
such person`s name, portrait or picture in such manner as is forbidden
or declared to be unlawful by section fifty of this article, the jury,
in its discretion, may award exemplary damages. But nothing contained
in this article shall be so construed as to prevent any person, firm or
corporation from selling or otherwise transferring any material
containing such name, portrait or picture in whatever medium to any user
of such name, portrait or picture, or to any third party for sale or
transfer directly or indirectly to such a user, for use in a manner
lawful under this article; nothing contained in this article shall be so
construed as to prevent any person, firm or corporation, practicing the
profession of photography, from exhibiting in or about his or its
establishment specimens of the work of such establishment, unless the
same is continued by such person, firm or corporation after written
notice objecting thereto has been given by the person portrayed; and
nothing contained in this article shall be so construed as to prevent
any person, firm or corporation from using the name, portrait or picture
of any manufacturer or dealer in connection with the goods, wares and
merchandise manufactured, produced or dealt in by him which he has sold
or disposed of with such name, portrait or picture used in connection
therewith; or from using the name, portrait or picture of any author,
composer or artist in connection with his literary, musical or artistic
productions which he has sold or disposed of with such name, portrait or
picture used in connection therewith.
Sec. 52. Televising, broadcasting or taking motion pictures
of certain proceedings prohibited. No person, firm, association
or corporation shall televise, broadcast, take motion pictures or
arrange for the televising, broadcasting, or taking of motion
pictures within this state of proceedings, in which the testimony
of witnesses by subpoena or other compulsory process is or may be
taken, conducted by a court, commission, committee,
administrative agency or other tribunal in this state; except
that the prohibition contained in this section shall not apply to
public hearings conducted by the public service commission with
regard to rates charged by utilities, or to proceedings by either
house of the state legislature or committee or joint committee of
the legislature or by a temporary state commission which includes
members of the legislature, so long as any testimony of witnesses
which is taken is taken without resort to subpoena or other
compulsory process, if (1) the consent of the temporary president
of the senate or the speaker of the assembly, in the case of the
respective houses of the state legislature, or the chairman, in
the case of such a committee or commission, and a majority of the
members thereof present at such proceedings, shall have been
first obtained, provided, however, that in the case of the public
rate hearings of the public service commission, it shall be
sufficient to obtain the consent of the presiding officer, (2)
the written consent of the witness testifying at the time shall
have been obtained, prior to the time of his testifying, and (3)
it has been determined by such presiding officer or chairman and
such majority of the members that it is in the public interest to
permit the televising, broadcasting or taking of motion pictures.
Any violation of this section shall be a misdemeanor.