New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXXVII - New York Local Government Assistance Corporation
Subchapter B - Public Access To Records
Part 9760 - Public Access To Records
Section 9760.4 - Grant or denial of access to records

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 9760.4

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The records access officer shall grant requests for public access to records pertaining to information requested to be disclosed under the provisions of article 6 of the Public Officers Law, unless such information is exempt from disclosure under the provisions of article 6 of the Public Officers Law or would constitute an unwarranted invasion of personal privacy or is otherwise exempt from disclosure.

(b) The records access officer shall, to the extent authorized by statute, deny a request for public access to records or portions thereof which that officer determines:

(1) are specifically exempted from disclosure by State or Federal statute;

(2) if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of subdivision 2 of section 89 of the Public Officers Law;

(3) if disclosed, would impair present or imminent contract awards or collective bargaining negotiations;

(4) are trade secrets or are submitted to an agency 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) are compiled for law enforcement purposes and which, if disclosed, would:
(i) interfere with law enforcement investigations or judicial proceedings;

(ii) deprive a person of a 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 criminal techniques or procedures except routine techniques and procedures;

(6) if disclosed would endanger the life or safety of any person;

(7) are interagency or intraagency material which are not:
(i) statistical or factual tabulations or data;

(ii) instructions to staff that affect the public; or

(iii) final corporation policy or determinations; or

(iv) external audits, including but not limited to audits performed by the comptroller and the Federal government;

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

(9) are computer access codes;

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

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