DISABILITY RIGHTS NY v STATE

Holding A Protection and Advocacy entity is not entitled to unqualified access to confidential records regarding individuals with developmental disabilities without first identifying the specific individuals involved. The federal Developmental Disabilities Assistance and Bill of Rights Act conditions record access on the satisfaction of specific scenarios that require the identification of the subject individual to ensure privacy safeguards are met.

The court’s words

petitioner’s access is expressly conditioned upon satisfaction of one of the four above-detailed scenarios, which necessitate the identification of the individual(s) whose records are sought

252 AD3d 161, at the official text

nothing in the federal statutory language supports petitioner’s contention that it is permitted unqualified access to records in furtherance of its investigatory role

252 AD3d 161, at the official text

that access is not unfettered. Rather, it is tempered by the privacy safeguards outlined in the DD Act

252 AD3d 161, at the official text