§ 380-b. Permissible dissemination of reports. (a) A consumer\nreporting agency may furnish a consumer report under the following\ncircumstances and no other:\n (1) In response to the order of a court having jurisdiction to issue\nsuch an order, or\n (2) In accordance with the written instructions of the consumer to\nwhom it relates, or\n (3) To a person whom it has reason to believe intends to use the\ninformation (i) in connection with a credit transaction involving the\nconsumer on whom the information is to be furnished and involving the\nextension of credit to, or review or collection of an account of, the\nconsumer, or (ii) for employment purposes, except that a consumer report\nmay be furnished for such purposes only if such report excludes\ninformation that bears on a consumer's credit worthiness, credit\nstanding, credit capacity or credit history and is based on the\nconsumer's financial transactions, except that such information is\npermitted to be disseminated to employers or persons set forth in\nparagraph two of subdivision (d) of this section, or (iii) in connection\nwith the underwriting of insurance involving the consumer, or (iv) in\nconnection with a determination of the consumer's eligibility for a\nlicense or other benefit granted by a governmental instrumentality\nrequired by law to consider an applicant's financial responsibility or\nstatus, or (v) to a person in connection with a business transaction\ninvolving the consumer where the user has a legitimate business need for\nsuch information, or (vi) in connection with the rental or lease of a\nresidence.\n (b) No person shall request a consumer report, other than an\ninvestigative consumer report, in connection with an application made\nafter the effective date of this article, for credit, employment,\ninsurance, or rental or lease of residences, unless the applicant is\nfirst informed in writing or in the same manner in which the application\nis made that (i) a consumer report may be requested in connection with\nsuch application, and (ii) the applicant upon request will be informed\nwhether or not a consumer report was requested, and if such report was\nrequested, informed of the name and address of the consumer reporting\nagency that furnished the report.\n (c) Where the notice provided pursuant to subdivision (b) of this\nsection further indicates that subsequent consumer reports, other than\ninvestigative consumer reports, may be requested or utilized in\nconnection with an update, renewal, or extension of the credit,\nemployment, insurance, or rental or lease of residences for which\napplication was made, no additional notice to the consumer shall be\nrequired at the time such subsequent report is requested.\n (d) (1) Except as provided in this subdivision, it shall be an\nunlawful discriminatory practice for an employer, labor organization,\nemployment agency or any agent thereof to request or to use for\nemployment purposes the consumer credit history of an applicant for\nemployment or employee, or otherwise discriminate against an applicant\nor employee with regard to hiring, compensation, or the terms,\nconditions or privileges of employment based on the consumer credit\nhistory of the applicant or employee.\n (2) Paragraph one of this subdivision shall not apply to:\n (i) an employer, or agent thereof, that is required by state or\nfederal law or by a self-regulatory organization as defined in section\n3(a)(26) of the securities exchange act of 1934, as amended to use an\nindividual's consumer credit history for employment purposes;\n (ii) persons applying for positions as or employed as peace officers\nor police officers, as such terms are defined in subdivisions\nthirty-three and thirty-four of section 1.20 of the criminal procedure\nlaw, respectively, or in a position with a law enforcement or\ninvestigative function in a law enforcement agency;\n (iii) persons in a position that is subject to background\ninvestigation by a state
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