New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter VIII - Administration
Part 360 - Public Access To Records Of The Department Of Agriculture And Markets Of The State Of New York
Section 360.10 - Prevention of an unwarranted invasion of personal privacy

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 360.10

Current through Register Vol. 46, No. 39, September 25, 2024

The department may deny access to records or it may delete identifying details of records to prevent an unwarranted invasion of personal privacy including, but not limited to, the following situations:

(a) disclosure of such personal matters as may have been reported in confidence to the department and which are not relevant or essential to the ordinary work of the department;

(b) disclosure of employment, medical or credit histories or personal references of applicants for employment, except such records may be disclosed when the applicant has provided a written release permitting such disclosure;

(c) the sale or release of lists of names and addresses in the possession of the department if such lists would be used for private, commercial or fund-raising purposes;

(d) disclosure of items of a personal nature when disclosure would result in economic or personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the department;

(e) disclosure of information that is:

(1) specifically exempted by statute;

(2) confidentially disclosed to an agency and compiled and maintained for the regulation of commercial enterprise, including trade secrets, or for the grant or review of a license to do business and if openly disclosed would permit an unfair advantage to competitors of the subject enterprise, but this exemption shall not apply to records the disclosure or publication of which is directed by other statute;

(3) part of an investigatory file compiled for law enforcement purposes or records relating to current penalty, hearing or matters in litigation.

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