§ 2181. COVID-19 contact tracing; confidentiality. 1. (a) All contact\ntracing information shall be kept confidential by any contact tracer,\ncontact tracing entity, or designated non-governmental entity and may\nnot be disclosed except as necessary to carry out contact tracing or a\npermitted purpose. A designated non-governmental entity may only act in\nrelation to contact tracing information as explicitly authorized by this\ntitle.\n (b) Where a contact tracer or contact tracing entity discloses contact\ntracing information for a permitted purpose, the contact tracer or\ncontact tracing entity shall make a record of the disclosure, including\nto whom it was made and when it was made, which shall be part of the\ncontact tracing information.\n (c) Nothing in this title prohibits otherwise lawful voluntary\nreporting, at the discretion of the contact tracer, reasonably and in\ngood faith: (i) to the statewide central registry under title six of\narticle six of the social services law, adult protective services under\ntitles one and two of article nine-B of the social services law, or the\njustice center for the protection of people with special needs under\narticle eleven of the social services law; or (ii) to a governmental or\nnon-governmental emergency reporting system (such as a "911," domestic\nviolence or suicide prevention system) to prevent imminent risk of\ninjury to any person.\n (d) This title does not limit disclosure to or by, or possession or\nuse by, the case individual or contact individual who is the subject of\nthe information.\n 2. (a) An individual may waive the confidentiality provided for by\nthis section, only by a written, informed and voluntary waiver, in plain\nlanguage and in a language understandable to the individual making the\nwaiver, and not part of any other document. The waiver shall state the\nscope and limit of the waiver. No contact tracer, contact tracing entity\nor governmental or non-governmental entity may seek or act in reliance\non a waiver to distribute, sell, or otherwise disclose identifiable or\nde-identified data to any individual or entity. Provided however,\nnothing in this subdivision shall prohibit distribution or disclosure\nthat is otherwise explicitly authorized by this section. If an\nindividual lacks the capacity to make a waiver, an individual authorized\nto consent to health care for the individual, or the individual's legal\nrepresentative, may make the waiver. However, a waiver of\nconfidentiality is not required to be written if it is solely for the\npurpose of arranging or providing support for the individual who is the\nsubject of the contact tracing information, provided the consent is\ninformed and voluntary.\n (b) A waiver of confidentiality under this section shall only apply\nfor the purpose of arranging or providing support if the individual who\nis the subject of the contact tracing information (or, if the individual\nlacks the capacity to provide informed consent, an individual authorized\nto consent to health care for the individual, or the individual's legal\nrepresentative) provides voluntary informed consent to the arranging or\nproviding of the support.\n 3. A disclosure of contact tracing information authorized under this\nsection shall be limited in scope as to the identity of any individual,\nthe information to be disclosed, and the party to which disclosure may\nbe made, and as necessary to achieve the purpose of the disclosure under\nthis section, and shall not authorize re-disclosure except as explicitly\nauthorized by the terms of the waiver under this section. However, this\nsection does not bar disclosure of contact tracing information\npertaining to and identifying a case individual or contact individual by\nthe individual who is identified.\n 4. (a) This section does not bar otherwise-lawful disclosure,\npossession or use of de-identified contact tracing information,\nincluding aggregate contact tracing information. Disclosure, posse
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