Opinion
February 8, 1994
Appeal from the Supreme Court, New York County (Carol Huff, J.).
This State's Freedom of Information Law (Public Officers Law § 84 et seq.) provides that the agency may deny access to records where the disclosure would constitute an unwarranted invasion of privacy (Public Officers Law § 87 [b]; § 89 [2]). It has been held that pursuant to the Federal Freedom of Information Law ( 5 U.S.C. § 552 [b] [6]) the release of social security numbers constitutes an unwarranted invasion of privacy (Norwood v Federal Aviation Admin., 993 F.2d 570, 575; International Bhd. of Elec. Workers v. United States Dept. of Hous. Urban Dev., 852 F.2d 87). The situation presented in this case is analogous to those presented in the cited Federal actions. Consequently, we find the release of social security numbers herein to have been an unwarranted invasion of the correction officers' privacy.
The injunctive relief granted by the IAS Court was based upon Public Officers Law § 92 (1), part of this State's Personal Privacy Protection Law. That law by its own terms excepts the judiciary, the State Legislature and "any unit of local government" from its purview (Public Officers Law § 92). Consequently, the relief granted against the respondents based upon that law was improper.
Motion for reargument or leave to appeal to the Court of Appeals granted wherein reargument is sought, and, upon reargument, the unpublished order of this Court entered on November 9, 1993 is recalled and vacated. The motion is otherwise denied.
Concur — Ellerin, J.P., Ross, Rubin and Nardelli, JJ.