Section 1.31 - Disclosure of confidential cancer information

1.31 Disclosure of confidential cancer information. (a) The identity of any person contained in a report of cancer made pursuant to the provisions of section 2401 of the Public Health Law, or cancer data collected for other specific research studies, shall not be disclosed except:

(1) for the purpose of scientific studies and research when the State Commissioner of Health determines that substantial knowledge may be gained by such disclosure leading toward the reduction of morbidity and mortality: or

(2) for surveillance or evaluation activities that are government sponsored at the federal, state or Canadian province level, when the State Commissioner of Health determines that the proposed activity is of significant public health importance and that release of identifiable information is necessary for the proposed activity.

The recipient shall limit the use of such information to the specific purpose for which such disclosure is made, shall not further disclose such information (except when the recipient is another cancer registry pursuant to laws applicable to such registry), and shall satisfy the State Commissioner of Health that the confidentiality of patient identity will be maintained.
(b) Criminal penalties. Criminal penalties for violations of this section are those provided for in section 229 of the Public Health Law.
(c) Civil penalties. Civil penalties for violations of this section are those provided for in section 12 of the Public Health Law.

Effective Date: 
Wednesday, August 6, 2014
Doc Status: 
Complete