Executive Law § 108 requires all state and local government entities, including the Legislature and the Judiciary, to safeguard the locations of ACP participants by accepting and using ACP substitute addresses when ACP participants ask them to do so. In these cases, government entities must use an ACP participant’s substitute addresses when creating, modifying or maintaining government records in any form and cannot keep records that contain the ACP participant’s current actual address.
Every adult participant in the ACP is issued an ACP Participant Identification Card that includes the participant's ACP substitute address. ACP participants who ask government entities to use their substitute address may be asked to produce their ACP identification cards to confirm their participation in this program.
Government agencies cannot refuse a request by an ACP participant to use an ACP substitute address unless they have received specific waivers from the Department of State. No government agency or employee should threaten an ACP participant with denial of or delayed services in order to induce that participant to provide his or her actual address.
Government Agency Waivers
The ACP statute recognizes that, in rare circumstances, a state or local government agency may have a statutory or administrative responsibility that cannot be accomplished without knowing an ACP participant’s actual address. The Secretary of State is authorized to grant “waivers” to state and local government agencies that demonstrate a bona fide need for the actual addresses of ACP participants that cannot be met through changes to the government agency’s internal procedures.
A government agency waiver will allow that specific government agency, or specific individuals within the agency, to collect and maintain the actual addresses of ACP participants in specific government records identified in the agency’s waiver application. An agency that is permitted to use ACP participants’ actual address information is required by law to keep that address information confidential and may, for example, be required to allow only specific government employees to have access to the actual address information.
Government agencies that maintain the actual addresses of ACP participants in their records are not permitted to release those confidential records to anyone unless specifically authorized in the agency’s waiver or the agency is ordered by a court to do so.
For more information about the process for requesting waivers, click here.
Law Enforcement Agencies
New York Executive Law § 108 permits the Department of State to disclose an ACP participant’s confidential actual address to a law enforcement agency when requested for a legitimate law enforcement purpose. Requests for address disclosure to a law enforcement agency:
The ACP will not accept telephone requests for disclosure of confidential participant address information.