New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter I - General Regulations
Part 1 - Public Access To Records
Section 1.7 - Protection of certain records
Current through Register Vol. 46, No. 12, March 20, 2024
(a) In accordance with the provisions of section 89(2) of the Public Officers Law, the records access officer may delete from any record identifying details the disclosure of which would result in an unwarranted invasion of personal privacy prior to making such record available for inspection and/or copying. In the event of any such deletion, the records access officer shall provide written notice of that fact to the person given access to the record. If the record is such that the personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided in section 1.8 of this Part.
(b) Information that is submitted to the department in the course of rendering its economic development services, or is derived from such information, may be excepted from disclosure pursuant to section 87(2)(d) of the Public Officers Law on the grounds that the information contains trade secrets, proprietary information, or that the information if disclosed would cause substantial injury to the competitive position of the enterprise submitting such information. A commercial enterprise may submit a request to the records access officer seeking an exception as provided for herein. Such exception may extend to information contained in the request itself, if disclosure would defeat the purpose for which the exception is sought.
(c) The request for such an exception shall be in writing and state the reasons for the requested exception. It shall also specify the information or portions of the information for which the exception is requested.
(d) Information submitted as provided in subdivisions (b) and (c) of this section shall be reviewed by the records access officer and it shall be his duty to make determinations concerning the designation of individuals within the department who shall maintain custody of such records or who may inspect such records. Any such designation shall be in writing and shall be available for inspection.
(e) Information submitted as provided in subdivisions (b) and (c) of this section shall be excepted from disclosure and shall be maintained apart from other records in a locked file cabinet or other secure facility, until 15 days after the entitlement to such exception has been finally determined or such further time as may be ordered by a court of competent jurisdiction.
(f) On the initiative of the department at any time, or upon the request of any person for a record excepted from disclosure pursuant to subdivision (b) and following of this section, the department shall:
(g) A denial of an exception from disclosure under subdivision (f) of this section may be appealed by the persons submitting the information and a denial of access to the record may be appealed by the person requesting the record as follows:
(h) A proceeding to review an adverse determination pursuant to subdivision (g) of this section may be commenced pursuant to article 78 of the Civil Practice Law and Rules; provided, however, that such proceeding must be commenced within 15 days of the service of the written notice containing the adverse determination provided for in paragraph (g)(3) of this section.
(i) Nothing in this section shall be construed to deny any person access, pursuant to the provisions of the Freedom of Information Law or this Part, to any record or part excepted from disclosure upon the written consent of the person who had requested the exception.