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Bill

S 10600

Relates to ensuring the privacy of name change actions and of sex designation change actions; repealer

2025 Regular Session Introduced by Erik Bottcher and 4 co-sponsors

The bill tightens privacy for name change and sex designation records, blocking public access and requiring redaction, with post‑filing removal of pre‑existing sensitive data.

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Bill Summary · S 10600

Bill Summary: S 10600 (2025-2026) – New York

Purpose and intent

  • The bill aims to protect the privacy of individuals who file for a name change or a sex designation change in New York. It seeks to limit public access to any documents or information filed in these actions, making such records private from initial filing and moving existing records toward private status. It also repeals and replaces two existing Civil Rights Law provisions (sections 64-a and 67-b) with new text focused on privacy.

Key provisions and changes

Name change actions (Civil Rights Law § 64-a; newly added)

  • Public access prohibition:
    • No paper or electronic filing in a name change action may be publicly inspectable in person, online, or at courthouse/County Clerk terminals.
    • Access is limited to the petitioner, the person whose name is changing (if different), the attorney of record, or a court finding of good cause. No court order is required for the petitioner (or related party) to access their own file.
  • Immediate privacy upon filing:
    • Agencies maintaining court records must ensure name-change matters are inaccessible to the public immediately upon filing, regardless of risk claims or reasons for the name change, and regardless of any sealing orders.
  • Redacted/anonymized records:
    • State and local custodians must develop policies to ensure no identifying information or documents are retrievable in electronic state or subdivision databases.
    • Non-identifying information (index numbers, judges, courts, attorney names, nature/status information) and anonymized captions may remain visible.
  • Timeline for pre-existing records:
    • Within 90 days of the act’s effective date, custodial agencies must remove pre-existing name-change matters from public view in-person and in online databases, consistent with the privacy requirements.
  • Post-change privacy:
    • If a prior name change records were publicly accessible before the act’s effective date, the affected person may move ex parte at any time to request removal of private information, even if no sealing was requested or granted originally.
  • Court notice: The bill does not limit the court’s discretion to order notice of a name change.

Sex designation change actions (Civil Rights Law § 67-b; newly added)

  • Privacy protections mirror those for name changes:
    • Public access to filings is restricted; only the petitioner, the person changing their designation (if different), the attorney, or a good-cause finding may access; no court order required for personal access.
    • Records custodians must keep sex designation change matters private from public view immediately upon filing, regardless of risk or sealing status.
  • Redaction and anonymization:
    • Custodians must ensure no identifying information is visible in state or local electronic records; non-identifying information and anonymized captions may be visible.
  • Pre-existing records:
    • Within 90 days of the act’s effective date, pre-existing sex designation change records must be removed from public view online and in person.
  • Post-change privacy:
    • Individuals can move ex parte to remove publicly accessible private information discovered after the fact, regardless of prior sealing requests or orders.
  • Court notice: The bill preserves the court’s ability to order notice of the sex designation change.

Who is affected

  • Individuals filing for name changes or sex designation changes, and persons whose names or sex designation are being changed.
  • Attorneys of record and court personnel/records custodians responsible for processing and maintaining court records.
  • Public access systems (courts, county clerks, and state electronic databases) will implement privacy protections and redaction.

Procedural and timeline aspects

  • Effective date: Immediate.
  • Compliance timeline:
    • Within 90 days of enactment: All custodial agencies must ensure existing pre-enactment records of name changes and sex designation changes are removed from public view, consistent with the new privacy standards.
  • Ex parte access for privacy relief:
    • Individuals may seek ex parte removal of private information discovered in public view at any time after the effective date, even if there was no prior sealing order.
  • Data management:
    • Agencies must adopt policies to prevent private information from appearing in electronic databases and to allow only appropriate access to records.

Overall impact

  • Strengthened privacy protections for name change and sex designation change records.
  • Reduced exposure of personally identifying information in public and online records.
  • Clearer procedures for removing or restricting access to records, including for pre-existing cases.
  • Potential operational changes for clerks, the Office of Court Administration, and other custodians to implement new privacy controls and data handling practices.

Compiled from official sources — confirm details with the bill’s official record.

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