New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law
Section 604.7 - Grounds for denial of access to records

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

Reasons for denial of a data subject's access to records pertaining to him or herself include but are not limited to:

(a) Access to the record is restricted by other State or Federal statute. For example, access to client clinical records within the scope of section 33.13 of the Mental Hygiene Law shall be exclusively governed by such section of the Mental Hygiene Law.

(b) The record is a client record concerning mental disability or a medical record to which access is not otherwise required by law.

(c) The record was compiled for law enforcement purposes and disclosure could:

(1) interfere with law enforcement investigations or judicial proceedings;

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

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

(4) reveal nonroutine criminal investigative techniques or procedures.

(d) The record is an attorney's work product or material prepared for litigation before judicial, quasi-judicial or administrative tribunals.

(e) The record cannot be retrieved by use of the data subject's description thereof, or by the use of the name or other identifier of the data subject, without extraordinary search methods being employed.

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