§ 444. Confidentiality of records; related matters. 1. The department\nin consultation with the advisory committee shall make regulations;\n (a) protecting the confidentiality of individual identifying\ninformation submitted to or provided by the service, and preventing\naccess thereto, by, or the distribution thereof to, persons not\nauthorized by law;\n (b) setting forth procedures for informing any child or his\nrepresentative of the nature of the system and its uses;\n (c) allowing any child or his representative or any member of his\nfamily, an opportunity to review any information pertaining to such\nchild or family and to request that any part of such information be\namended or expunged; and\n (d) providing that the service shall remove from its records and\nexpunge the individual identifying information, excluding\nnon-identifying child or family data to be used for historical purposes,\nconcerning any child who has been discharged from care.\n 2. Prior to final promulgation of any regulations as described in\nsubdivision one of this section, the department shall, in addition to\ncomplying with all other advance notice requirements make proposed\nregulations available to all state agencies charged with the\nadministration or supervision of child care programs and to local\ngovernment agencies and persons that have expressed an interest in\nsafeguarding information maintained by the service, and shall provide\nsuch agencies with an opportunity to comment on the proposed\nregulations. In promulgating final regulations the department shall\nconsider any comments received.\n 3. Any persons wilfully violating or failing to comply with the\nprovisions of subdivision one of this section or wilfully violating or\nfailing to comply with any regulation which the department is authorized\nunder such subdivision to make, shall be guilty of a misdemeanor.\n 4. The regulations promulgated pursuant to subdivision one of this\nsection, shall provide that the information compiled and maintained by\nthe service pursuant to paragraph (d) of subdivision ten of section four\nhundred forty-two of this title shall be subject to the confidentiality\nprovisions of title six of this article.\n
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