§ 2169. Vaccine confidentiality. 1. As used in this section, unless\ncontext requires otherwise:\n (a) The term "consent" shall mean informed, affirmative, and voluntary\nauthorization.\n (b) The term "de-identified" shall mean that the information cannot\nidentify or be made to identify or be associated with a particular\nindividual, directly or indirectly, and is subject to technical\nsafeguards and policies and procedures that prevent re-identification,\nwhether intentionally or unintentionally, of any individual.\n (c) The term "disclosure" shall mean release, transfer, provision of,\naccess to, or divulging in any other manner of information outside the\nentity holding the information.\n (d) The term "immigration authority" means any entity, officer,\nemployee, or government employee or agent thereof charged with or\nengaged in enforcement of the federal Immigration and Nationality Act,\nincluding the United States Immigration and Customs Enforcement, United\nStates Department of Homeland Security, or United States Customs and\nBorder Protection, or agent, contractor, or employee thereof, or any\nsuccessor legislation or entity.\n (e) The term "law enforcement agent or entity" means any governmental\nentity or public servant, or agent, contractor or employee thereof,\nauthorized to investigate, prosecute, or make an arrest for a criminal\nor civil offense, or engaged in any such activity, but shall not mean\nthe department, the commissioner, a health district, a county department\nof health, a county health commissioner, a local board of health, a\nlocal health officer, the department of health and mental hygiene of the\ncity of New York, or the commissioner of the department of health and\nmental hygiene of the city of New York.\n (f) The term "personal information" shall mean information obtained\nfrom or about an individual, in connection with their registering for a\nvaccination, that directly or indirectly identifies, relates to,\ndescribes, is capable of being associated with, or could reasonably be\nlinked to a particular individual, household, or personal device.\nInformation is reasonably linkable to an individual, household, or\npersonal device if it can be used on its own or in combination with\nother reasonably available information, when such information is held by\nthe vaccine navigator, to identify an individual, household, or a\npersonal device.\n (g) The term "service attendant to the delivery of immunization" shall\nmean facilitating an immunization appointment, sending reminders about\nimmunization, arranging transportation to or from a vaccine provider, or\nreporting to the department, the New York City department of health and\nmental hygiene, or other local health agency on whose behalf such\nvaccine navigator is performing such services.\n (h) The term "use" shall mean, with respect to personal information,\nthe sharing, employment, application, utilization, examination or\nanalysis of such information within an entity that maintains such\ninformation.\n (i) The term "vaccine navigator" shall mean any person that collects\npersonal information from an individual in order to register that\nindividual for immunization or to help that individual register for\nimmunization, provided the department, a local public health agency, or\na person that administers vaccines or their designees are not vaccine\nnavigators.\n 2. (a) Except as provided in paragraph (d) of this subdivision, absent\nconsent from the individual seeking immunization, or if the individual\nlacks the capacity to make health care decisions, an individual\nauthorized to consent to health care for the individual or the\nindividual's legal representative, a vaccine navigator shall not use,\ndisclose, or maintain personal information except as necessary to\nprovide services attendant to the delivery of immunization.\n (b) A vaccine navigator may request consent from an individual, or if\nthe individual lacks the capacity to make he
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