Current through Register Vol. 46, No. 39, September 25, 2024
(a) A request for records within the
possession of the office shall be in writing. Such request shall be made via
email to counsel.foilr@its.ny.gov or by submitting a completed request form
through the FOIL application located on the agency's website, or by letter
addressed to the Records Access Officer, Office of Information Technology
Services, State Capitol/ Empire State Plaza, P.O. Box 2062, Albany, NY
12220.
(b)
(1) The records access officer may permit
individuals to act as agent for or authorized representative of a requester for
access to records.
(2) In addition
to the written request for access to records, the records access officer may
require such agent or authorized representative to complete a written agency
form prescribed by the office before acting upon the request.
(c)
(1) The records access officer shall respond
promptly to a request for access to records. The records access officer's
response to the request shall be made no more than five business days after the
day of the receipt of the request.
(2) If the office does not make records
available or deny access to records sought within five business days of the
receipt of a request, the records access officer's response shall acknowledge
the receipt of the request and state the approximate date when it is expected
that the request will be granted or denied.
(3) In the event that the office receives a
request for another agency's data that is in the possession of the office
because it administers, operates or manages a statewide technology program, the
records access officer will, pursuant to section
106 of the
State Technology Law, transmit, within five days, in writing, the request to
the agency that owns the data, accompanied by a copy of section
106 of the
State Technology Law. The records access officer will also send a copy of the
transmittal to the requester
(4) So
that the personnel of the office can locate records within a reasonable time, a
request for access to records shall be sufficiently detailed to identify the
records and shall, if possible, include the article and section of the law to
which the requested records relate. In addition, if pertinent to the request,
the requester shall, if possible, include descriptive words and dates or other
information that will help identify the record or records.
(5) No records may be removed by the
requester from the office where the record is located.
(6) Upon failure to locate records, the
records access officer shall inform the requester that:
(i) the office does not have possession of
the requested records; or
(ii) the
requested records cannot be found after diligent search.
(7) The records access officer shall, upon
request, certify to the correctness of the copies of the records, that the
office does not have possession of the requested records, or that the requested
records cannot be found after diligent search.
(d) In accordance with the provisions of
subdivision 2 of section 89 of the Freedom of Information Law and in conformity
with any guidelines as may be promulgated by the Committee on Open Government
regarding the prevention of unwarranted invasions of personal privacy, the
records access officer shall delete from any requested 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. The records access officer shall also delete from any requested record
any and all such other information the disclosure of which is prescribed by any
other laws of the State of New York or the United States.
