Provides privacy protections for public benefits recipients regarding disclosure or inquiry about immigration status and eligibility; provides penalties for employees of state or local agencies that knowingly violate such provisions; directs OTDA to promulgate rules and regulations and submit an annual report regarding compliance with, and complaints regarding, violations of such provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6995
SPONSOR: Tapia TITLE OF BILL:
An act to amend the social services law, in relation to enacting the
"public benefits privacy act"
PURPOSE:
This bill seeks to establish privacy protections for recipients of
public assistance benefits by limiting the collection, maintenance, and
disclosure of personally identifiable information, including immigration
status, unless explicitly required by law.
SUMMARY OF PROVISIONS:
1. Short Title: This act shall be known as the "Public Benefits Privacy
Act."
2. New Section 136-b of the Social Services Law:
1. Prohibits state agencies, local social services districts, or enti-
ties administering public assistance benefits from inquiring about,
collecting, maintaining, or disclosing an applicant's or recipient's
immigration status unless explicitly required by law.
2. Prohibits the disclosure of such information to federal, state, or
local agencies for civil immigration enforcement purposes.
3. Mandates secure storage and protection of applicants' and recipients'
personally identifiable information, with encryption and restricted
access protocols established by the Office of Temporary and Disability
Assistance (OTDA).
4. Ensures that individuals cannot be denied access to public benefits
solely for refusing to disclose their immigration status unless such
disclosure is legally required.
5. Establishes penalties for state or local agency employees who unlaw-
fully inquire about or disclose protected information, including disci-
plinary action and potential civil penalties.
6. Requires OTDA to promulgate regulations for implementation within 180
days and submit an annual compliance report to the legislature.
7. Includes a severability clause ensuring the remainder of the act
remains valid if any portion is ruled unconstitutional.
3. Effective Date: This act shall take effect immediately.
JUSTIFICATION:
Many public benefits recipients, particularly those from immigrant
communities, may fear applying for assistance due to concerns about
privacy and potential immigration-related consequences. This bill seeks
to build trust in public programs by ensuring that personal information,
including immigration status, is protected from unnecessary collection
or disclosure. It reinforces the principle that eligibility for public
benefits should be determined based on lawful criteria, without exposing
individuals to unintended enforcement risks.
By requiring strict security protocols and limiting the use of personal
data, this legislation aligns with best practices in data privacy while
ensuring that New York's most vulnerable residents can access essential
services without fear.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately upon passage.
STATE OF NEW YORK
________________________________________________________________________
6995
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. TAPIA -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to enacting the
"public benefits privacy act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "public benefits privacy act".
3 § 2. The social services law is amended by adding a new section 136-b
4 to read as follows:
5 § 136-b. Privacy protections for public benefits recipients. 1. No
6 state agency, local social services district, or entity administering
7 public assistance benefits shall inquire about, collect, maintain, or
8 disclose an applicant's or recipient's immigration status unless such
9 information is explicitly required by state or federal law for the
10 determination of eligibility for such public assistance benefits.
11 2. Immigration status or personally identifiable information obtained
12 in the administration of public assistance benefits shall not be
13 disclosed to any federal, state, or local agency for the purpose of
14 civil immigration enforcement.
15 3. Any information related to an applicant's or recipient's eligibil-
16 ity for public assistance benefits shall be securely stored and
17 protected from unauthorized access. The office of temporary and disabil-
18 ity assistance shall establish security protocols, including but not
19 limited to encryption and restricted access policies, to ensure compli-
20 ance with this section.
21 4. No individual shall be denied access to public assistance benefits
22 or services due to their refusal to disclose their immigration status,
23 except where such disclosure is explicitly required by law.
24 5. Any state or local agency employee who knowingly violates the
25 provisions of this section by unlawfully inquiring about or disclosing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10760-01-5
A. 6995 2
1 immigration status information shall be subject to disciplinary action,
2 including termination, and may be subject to civil penalties as
3 prescribed by law.
4 6. The office of temporary and disability assistance shall promulgate
5 rules and/or regulations to implement this section within one hundred
6 eighty days of the effective date of this section, and shall provide an
7 annual report to the legislature including compliance with, and any
8 complaints received regarding violations of, this section.
9 7. If any clause, sentence, paragraph, or subdivision of this section
10 shall be adjudged by any court of competent jurisdiction to be invalid,
11 such judgment shall not affect, impair, or invalidate the remainder
12 thereof, but shall be confined in its operation to the clause, sentence,
13 paragraph, or subdivision thereof directly involved in the controversy
14 in which such judgment shall have been rendered. It is hereby declared
15 to be the intent of the legislature that this section would have been
16 enacted even if such invalid provisions had not been included herein.
17 § 3. This act shall take effect immediately.
