CVR § 50. Right of privacy.

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CVR § 50. Right of privacy.
Short Title
Official Text CVR § 50. Right of privacy.
Country/Jurisdiction United States
State or Province New York
Regulatory Bodies
Date Enacted

Scope of the Law General
Information

Taxonomy Appropriation, Disclosure, Identification
Strategies
New York Consolidated Laws Civil Rights Law from §50[1] protects the individuals' right of privacy from the person who wants to use the individuals' identity to serve the aims and interests of another. The following sections (§ 50 b[2] and §50-c[3]) state "Right of privacy;  victims of sex offenses or offenses involving the transmission of the human immunodeficiency virus" and "the private right of action" that prevent from the identity of the victim of an offense.

Text of the law

CVR § 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. Appropriation
CVR § 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 and such personnel records under the control of the department of corrections and community supervision for individuals defined as peace officers pursuant to subdivisions twenty-three and twenty-three-a of section 2.10 of the criminal procedure law and such personnel records under the control of a probation department for individuals defined as peace officers pursuant to subdivision twenty-four of section 2.10 of the criminal procedure law shall be considered confidential and not subject to inspection or review without the express written consent of such police officer, firefighter, firefighter/paramedic, correction officer or peace officer within the department of corrections and community supervision or probation department 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.
CVR § 50-b. Right of privacy;  victims of sex offenses or offenses involving the transmission of the human immunodeficiency virus
1. The identity of any victim of a sex offense, as defined in article one hundred thirty or section 255.25 , 255.26 or 255.27 of the penal law , or of an offense involving the alleged transmission of the human immunodeficiency virus, 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. Identification
2. The provisions of subdivision one of this section shall not be construed to prohibit disclosure of information to: Disclosure
a. Any person charged with the commission of an 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 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 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.
5. No disclosure of confidential HIV related information, as defined in section twenty-seven hundred eighty of the public health law , including the identity of the victim of an offense involving transmission of the human immunodeficiency virus, shall be permitted under this section contrary to article twenty-seven-F of the public health law.
CVR § 50-c. Private right of action
If the identity of the victim of an offense defined in subdivision one of section fifty-b of this article is disclosed in violation of such section, 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. Disclosure



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