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(a) Except as prohibited, required or authorized by this Code, including this section, or other applicable law:
(1) Records of the Department containing individually identifiable information, or other information that the Department reasonably believes may endanger the health or safety of any person if disclosed, shall be confidential and used only by authorized personnel of the Department or its authorized agents. For the purposes of this section the term "individually identifiable information" shall mean any information or data which by itself or in combination with any other publicly available information could, in the opinion of the Department, be used to identify a particular individual;
(2) A person, upon submission of a legally appropriate written request or consent, and proof of identity satisfactory to the Department if deemed necessary by the Department, may inspect, or obtain a copy of, or authorize his or her attorney or representative to inspect or obtain a copy of a file, record, report, proceeding of the Department or any other document, whether oral, written, electronic, visual or in any other form which contains individually identifiable information pertaining to such person; provided that individually identifiable information pertaining to another person is not disclosed. A person who owns, manages, operates or has any legal interest in a premises may, in the manner set forth above, have access to Departmental reports and records of the Department's environmental inspections pertaining to such premises; provided that said records are redacted of any personal information concerning the occupants of such premises. A request to inspect or consent to disclose shall be made in writing and shall describe the information to be inspected or disclosed. Inspections of records shall be permitted during times and at such places as the Department may determine. A written authorization for an attorney or representative to inspect or obtain copies of Department records shall be made on forms provided or a format approved by the Department.
(b) Subdivision (a) of this section shall not prevent authorized personnel of the Department from furnishing appropriate information to a physician or institution providing examination or treatment to a person suspected of or affected with a disease or condition, to an agency approved by the Department for prevention, treatment or social care, or to any person when necessary for the protection of health. A person, institution or agency to whom such information is furnished or to whom access to records has been given, shall not divulge any part thereof so as to disclose individually identifiable information of the person to whom such information or record relates, except insofar as such disclosure is necessary for the treatment of such person or for the protection of the health of others. Notwithstanding the subdivision (a) or (b) of this section, no such access or disclosure shall occur if such is otherwise prohibited by this Code or other applicable law.
(c) No person shall violate any term or condition of a written data use agreement, protocol or other understanding upon which the Department has relied to grant access to individually identifiable information or data.
(d) The Department may charge a reasonable fee, established in accordance with applicable law, for the provision of access to, or inspection or copying of, information, data or records pursuant to this section.
The approval of any plans or the issuance of any permit pursuant to this Code which involves the construction, alteration or renovation of any building, structure or premises, or the use of any site, or the installation or alteration of any service equipment, regulated by the Building Code or other applicable law, shall not relieve the person receiving such approval or permit from such person's responsibility to comply with all of the applicable provisions of the Building Code, zoning regulations and other applicable laws and regulations.
(a) This Code is intended to be consistent with the federal and New York State Constitutions, applicable State law and the New York City Charter, and shall be so construed, to the fullest extent possible, whenever necessary to achieve such consistency.
(b) This Code shall be liberally construed for the protection of the health and safety of the people of the city of New York.
If a provision of this Code is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the applicability of such provision to other persons and circumstances and the constitutionality or validity of every other provision of the Code shall not be affected thereby.
Article 5 contains the requirements for permits issued by the Commissioner or the Board of Health for activities regulated by 24 RCNY Health Code Titles II, III and IV, the State Sanitary Code, the State Public Health Law and the Administrative Code of the City of New York. The requirements for permits relating to vital records may be found in Title V of the Code.
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