New York Codes, Rules and Regulations
Chapter V - Regulations Of The Department Of Civil Service (president's Regulations)
Part 81 - Access To Personal Information
Section 81.5 - Records exempt from access by data subjects

Current through Register Vol. 44, No. 38, September 21, 2022

The following records are exempt from access by data subjects:

(a) records specifically prohibited by statute from disclosure;

(b) except as provided in Part 82 of this Title, records concerning mental disability or medical records where access is not otherwise required by law;

(c) personal information pertaining to the incarceration of an inmate at a State correctional facility, which is evaluative in nature or whose release could endanger the life or safety of any person, unless access is otherwise permitted by law or by court order;

(d) attorney's work product or material prepared for litigation;

(e) public safety records;

(f) records containing information compiled for law enforcement purposes which, if disclosed, would:

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

(2) deprive a person of a 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 criminal investigative techniques or procedures, except routine techniques and procedures;

(g) records whose disclosure would constitute an unwarranted invasion of personal privacy, as defined in paragraph (a) of subdivision 2 of section 89 of the Public Officers Law;

(h) an accounting of a disclosure for law enforcement purposes, if specifically notified not to make such disclosure by the receiving agency; and

(i) records which cannot be retrieved using the data subject's description or name or other identifier of the data subject, without extraordinary search methods.

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