New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 510 - Public Access To Records Of The Office Of Mental Health
Section 510.9 - Denial of access to records

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 510.9

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

(a) When a request for access to records is denied, such denial shall be in writing. Such denial shall explain the reason for the denial, the right to appeal the decision and the process for appeal as provided in section 510.10 of this Part.

(b) A request for a record may be denied for any of the following reasons:

(1) the record is exempted from disclosure by State or Federal law;

(2) the record, if disclosed, would constitute an unwarranted invasion of personal privacy, under the provisions of Public Officers Law section 89(2) including, but not limited to:
(i) disclosure of employment, medical or credit histories, or personal references of applicants for employment;

(ii) disclosure of clinical records or information tending to identify recipients;

(iii) release of names and addresses if the list would be used for commercial or fund raising purposes;

(iv) disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject of the record, and such information is not relevant to the work of the agency requesting or maintaining the record; or

(v) disclosure of information of a personal nature reported in confidence to an agency and not relevant to the ordinary work of such agency;

(3) disclosure of the record would impair present or imminent contract awards or collective bargaining negotiations;

(4) the record contains trade secrets, or has been submitted by a commercial enterprise or derived from information obtained from a commercial enterprise, and which if disclosed would cause substantial injury to the competitive position of the subject enterprise;

(5) the record was compiled for law enforcement purposes and disclosure would:
(i) interfere with law enforcement investigations or judicial proceedings;

(ii) deprive a person of his or her right to a fair trial or impartial adjudication;

(iii) identify a confidential source or disclose confidential information relating to a criminal investigation; or

(iv) reveal non-routine criminal investigative techniques or procedures;

(6) disclosure of the record would endanger the life or safety of any person;

(7) the record consists of interagency or intra-agency materials, which are not statistical or factual tabulations or data, instructions to staff that affect the public, final agency policy or determinations, or external audits, including but not limited to audits performed by the Comptroller and the Federal government;

(8) the record consists of examination questions or answers which are requested prior to the final administration of such questions;

(9) the record consists of computer access codes; or

(10) the record consists of photographs, microphotographs, videotape or other recorded images prepared under authority of section 1111-a of the Vehicle and Traffic Law.

(c) Disclosure of a record generally shall not be construed to constitute an unwarranted invasion of personal privacy pursuant to paragraph (b)(2) of this section when:

(1) identifying details are deleted;

(2) the subject of the record provides written consent to disclosure; or

(3) upon presenting reasonable proof of identity, a person seeks access to records pertaining to him or her.

(d) Nothing in this Part shall require the disclosure of:

(1) the home address of a present or former officer or employee or a retiree of a public employee's retirement system, unless such disclosure is to recognized employee organizations as provided in section 89(7) of the Public Officer's Law;

(2) the name or home address of a beneficiary of a public employee's retirement system, or an applicant for appointment to public employment;

(3) records prohibited from disclosure pursuant to the Personal Privacy Protection Law (article 6-A of the Public Officers Law); or

(4) records prohibited from disclosure pursuant to section 33.13 of the Mental Hygiene Law or any other provision of the State or Federal law.

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