New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter N - Public Records And Department Publications
Part 187 - Inspection And Copying Of Department Records
Section 187.8 - Protection of trade secrets and records maintained for the regulation of commercial enterprise

Universal Citation: 8 NY Comp Codes Rules and Regs § 187.8

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

Protection of trade secrets and records maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise.

(a) Identification of records.

(1) Any entity submitting records to the department which it wishes to have excluded from disclosure pursuant to section 87 (2)(d) of the Public Officers Law, shall file with the records access officer a written request that such records not be disclosed. Such request shall identify those records or portions of records which the submitter considers to be exempt from disclosure and the office of the department to which such records have been submitted.

(2) Any agency transferring official records, which are excluded from disclosure pursuant to section 87 (2)(d) of the Public Officers Law, to the State archives pursuant to section 142 of the Education Law, shall so notify the archives and the submitter.

(b) Custody of records. Records for which an exemption pursuant to section 87 (2)(d) of the Public Officers Law has been granted, or for which the determination of such an exemption is pending, will be under the custody of the director of the division of the department responsible for the maintenance of the records.

(c) Disclosure of records to department personnel. Records for which an exemption pursuant to section 87 (2)(d) of the Public Officers Law has been granted, or for which the determination of such an exemption is pending, are subject to inspection and study by the director of the division responsible for the maintenance of the records and by those designated by the director as eligible to inspect and review such records.

(d) Safeguarding against unauthorized access to records. Records for which an exemption pursuant to section 87 (2)(d) of the Public Officers Law has been granted, or for which the determination of such an exemption is pending, will be maintained in secure facilities to be determined by the director of the division responsible for the maintenance of the records. In making such determination, the director will consider the nature of the records and the facilities available for their retention.

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