§ 87 — Access to agency records

New York § 87

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 6: Freedom of Information Law

Text

§ 87. Access to agency records. 1. (a) Within sixty days after the\neffective date of this article, the governing body of each public\ncorporation shall promulgate uniform rules and regulations for all\nagencies in such public corporation pursuant to such general rules and\nregulations as may be promulgated by the committee on open government in\nconformity with the provisions of this article, pertaining to the\nadministration of this article.\n (b) Each agency shall promulgate rules and regulations, in conformity\nwith this article and applicable rules and regulations promulgated\npursuant to the provisions of paragraph (a) of this subdivision, and\npursuant to such general rules and regulations as may be promulgated by\nthe committee on open government in conformity with the provisions of\nthis article, pertaining to the availability of records and procedures\nto be followed, including, but not limited to:\n i. the times and places such records are available;\n ii. the persons from whom such records may be obtained, and\n iii. except when a different fee is otherwise prescribed by statute:\n (1) the fees for paper copies of records shall not exceed twenty-five\ncents per photocopy not in excess of nine inches by fourteen inches, or\nthe actual cost of reproducing any other record in accordance with the\nprovisions of paragraph (c) of this subdivision.\n (2) In the case where an identical record has been prepared for a\nprevious request within the past 6 months and an electronic copy is\navailable, an agency shall not charge a fee for the reproduction of such\nrecord, except for the actual cost of a storage device or media if one\nis provided to the requester in complying with such request.\n (c) In determining the actual cost of reproducing a record, an agency\nmay include only:\n i. an amount equal to the hourly salary attributed to the lowest paid\nagency employee who has the necessary skill required to prepare a copy\nof the requested record;\n ii. the actual cost of the storage devices or media provided to the\nperson making the request in complying with such request;\n iii. the actual cost to the agency of engaging an outside professional\nservice to prepare a copy of a record, but only when an agency's\ninformation technology equipment is inadequate to prepare a copy, if\nsuch service is used to prepare the copy; and\n iv. preparing a copy shall not include search time or administrative\ncosts, and no fee shall be charged unless at least two hours of agency\nemployee time is needed to prepare a copy of the record requested. A\nperson requesting a record shall be informed of the estimated cost of\npreparing a copy of the record if more than two hours of an agency\nemployee's time is needed, or if an outside professional service would\nbe retained to prepare a copy of the record.\n 2. Each agency shall, in accordance with its published rules, make\navailable for public inspection and copying all records, except those\nrecords or portions thereof that may be withheld pursuant to the\nexceptions of rights of access appearing in this subdivision. A denial\nof access shall not be based solely on the category or type of such\nrecord and shall be valid only when there is a particularized and\nspecific justification for such denial. Each agency shall, in accordance\nwith its published rules, make available for public inspection and\ncopying all records, except that such agency may deny access to records\nor portions thereof that:\n (a) are specifically exempted from disclosure by state or federal\nstatute;\n (b) if disclosed would constitute an unwarranted invasion of personal\nprivacy under the provisions of subdivision two of section eighty-nine\nof this article;\n (c) if disclosed would impair present or imminent contract awards or\ncollective bargaining negotiations;\n (d) are trade secrets or are submitted to an agency by a commercial\nenterprise or derived from information obtained from a commercial\nenterprise and which if disclosed would cause substantial injury to the\ncompetitive position of the subject enterprise;\n (e) are compiled for law enforcement purposes only to the extent that\ndisclosure would:\n i. interfere with law enforcement investigations or judicial\nproceedings, provided however, that any agency, which is not conducting\nthe investigation that the requested records relate to, that is\nconsidering denying access pursuant to this subparagraph shall receive\nconfirmation from the law enforcement or investigating agency conducting\nthe investigation that disclosure of such records will interfere with an\nongoing investigation;\n ii. deprive a person of a right to a fair trial or impartial\nadjudication;\n iii. identify a confidential source or disclose confidential\ninformation relating to a criminal investigation; or\n iv. reveal criminal investigative techniques or procedures, except\nroutine techniques and procedures;\n (f) if disclosed could endanger the life or safety of any person;\n (g) are inter-agency or intra-agency materials which are not:\n i. statistical or factual tabulations or data;\n ii. instructions to staff that affect the public;\n iii. final agency policy or determinations;\n iv. external audits, including but not limited to audits performed by\nthe comptroller and the federal government; or\n (h) are examination questions or answers which are requested prior to\nthe final administration of such questions.\n (i) if disclosed, would jeopardize the capacity of an agency or an\nentity that has shared information with an agency to guarantee the\nsecurity of its information technology assets, such assets encompassing\nboth electronic information systems and infrastructures; or\n * (j) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-a of\nthe vehicle and traffic law.\n * NB Repealed December 1, 2027\n * (k) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-b of\nthe vehicle and traffic law.\n * NB Repealed December 1, 2029\n * (k) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-b of\nthe vehicle and traffic law.\n * NB Repealed December 1, 2029\n * (l) are photographs, microphotographs, videotape or other recorded\nimages produced by a bus lane photo device prepared under authority of\nsection eleven hundred eleven-c of the vehicle and traffic law.\n * NB Repealed July 1, 2028\n * (m) are photographs, microphotographs, videotape or other recorded\nimages prepared under the authority of section eleven hundred eighty-b\nof the vehicle and traffic law.\n * NB Repealed July 1, 2030\n * (n) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-d of\nthe vehicle and traffic law.\n * NB Repealed December 1, 2029\n * (o) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-e of\nthe vehicle and traffic law.\n * NB Repealed December 1, 2029\n (p) are data or images produced by an electronic toll collection\nsystem under authority of article forty-four-C of the vehicle and\ntraffic law and in title three of article three of the public\nauthorities law.\n * (q) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred seventy-four-a\nof the vehicle and traffic law.\n * NB Repealed December 1, 2029\n * (r) are photographs, microphotographs, videotape or other recorded\nimages prepared under the authority of section eleven hundred eighty-e\nof the vehicle and traffic law.\n * NB There are 3 par (r)'s\n * NB Repealed October 6, 2031\n * (r) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-f of\nthe vehicle and traffic law.\n * NB There are 3 par (r)'s\n * NB Repealed December 1, 2026\n * (r) are photographs, microphotographs, videotape or other recorded\nimages or information and data prepared under authority of section three\nhundred eighty-five-a of the vehicle and traffic law.\n * NB There are 3 par (r)'s\n * NB Repealed December 1, 2030\n * (s) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-c-one\nof the vehicle and traffic law.\n * NB There are 3 par (s)'s\n * NB Repealed July 1, 2028\n * (s) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-g of\nthe vehicle and traffic law.\n * NB There are 3 par (s)'s\n * NB Repealed October 28, 2028\n * (s) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eighty-f of\nthe vehicle and traffic law.\n * NB There are 3 par (s)'s\n * NB Repealed December 31, 2028\n * (t) are photographs, microphotographs, videotape or other recorded\nimages prepared under the authority of section eleven hundred eighty-f\nof the vehicle and traffic law.\n * NB There are 2 par (t)'s\n * NB Repealed December 31, 2028\n * (t) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-g of\nthe vehicle and traffic law.\n * NB There are 2 par (t)'s\n * NB Repealed December 1, 2027\n * (u) are photographs, microphotographs, videotape or other recorded\nimages prepared under the authority of section eleven hundred eighty-g\nof the vehicle and traffic law.\n * NB Repealed December 31, 2029\n * NB There are 2 par (u)'s\n * (u) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-h of\nthe vehicle and traffic law.\n * NB Repealed December 1, 2029\n * NB There are 2 par (u)'s\n * (v) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-i of\nthe vehicle and traffic law.\n * NB Repealed December 1, 2030\n * NB There are 5 par (v)'s\n * (v) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eighty-h of\nthe vehicle and traffic law.\n * NB Repealed December 1, 2031\n * NB There are 5 par (v)'s\n * (v) are photographs, microphotographs, videotape or other recorded\nimages prepared under the authority of section eleven hundred eighty-h\nof the vehicle and traffic law.\n * NB Repealed December 31, 2030\n * NB There are 5 par (v)'s\n * (v) are photographs, microphotographs, videotape or other recorded\nimages prepared under the authority of section eleven hundred eighty-h\nof the vehicle and traffic law.\n * NB Repealed December 31, 2030\n * NB There are 5 par (v)'s\n * (v) are photographs, microphotographs, videotape or other recorded\nimages prepared under authority of section eleven hundred eleven-i of\nthe vehicle and traffic law.\n * NB Repealed December 31, 2030\n * NB There are 5 par (v)'s\n 3. Each agency shall maintain:\n (a) a record of the final vote of each member in every agency\nproceeding in which the member votes;\n (b) a record setting forth the name, public office address, title and\nsalary of every officer or employee of the agency; and\n (c) a reasonably detailed current list by subject matter of all\nrecords in the possession of the agency, whether or not available under\nthis article. Each agency shall update its subject matter list annually,\nand the date of the most recent update shall be conspicuously indicated\non the list. Each state agency as defined in subdivision four of this\nsection that maintains a website shall post its current list on its\nwebsite and such posting shall be linked to the website of the committee\non open government. Any such agency that does not maintain a website\nshall arrange to have its list posted on the website of the committee on\nopen government.\n 4. (a) Each state agency which maintains records containing trade\nsecrets, to which access may be denied pursuant to paragraph (d) of\nsubdivision two of this section, shall promulgate regulations in\nconformity with the provisions of subdivision five of section\neighty-nine of this article pertaining to such records, including, but\nnot limited to the following:\n (1) the manner of identifying the records or parts;\n (2) the manner of identifying persons within the agency to whose\ncustody the records or parts will be charged and for whose inspection\nand study the records will be made available;\n (3) the manner of safeguarding against any unauthorized access to the\nrecords.\n (b) As used in this subdivision the term "agency" or "state agency"\nmeans only a state department, board, bureau, division, council or\noffice and any public corporation the majority of whose members are\nappointed by the governor.\n (c) Each state agency that maintains a website shall post information\nrelated to this article and article six-A of this chapter on its\nwebsite. Such information shall include, at a minimum, contact\ninformation for the persons from whom records of the agency may be\nobtained, the times and places such records are available for inspection\nand copying, and information on how to request records in person, by\nmail, and, if the agency accepts requests for records electronically, by\ne-mail. This posting shall be linked to the website of the committee on\nopen government.\n 4-a. A law enforcement agency responding to a request for law\nenforcement disciplinary records as defined in section eighty-six of\nthis article shall redact any portion of such record containing the\ninformation specified in subdivision two-b of section eighty-nine of\nthis article prior to disclosing such record under this article.\n 4-b. A law enforcement agency responding to a request for law\nenforcement disciplinary records, as defined in section eighty-six of\nthis article, may redact any portion of such record containing the\ninformation specified in subdivision two-c of section eighty-nine of\nthis article prior to disclosing such record under this article.\n 5. (a) An agency shall provide records on the medium requested by a\nperson, if the agency can reasonably make such copy or have such copy\nmade by engaging an outside professional service. Records provided in a\ncomputer format shall not be encrypted.\n (b) No agency shall enter into or renew a contract for the creation or\nmaintenance of records if such contract impairs the right of the public\nto inspect or copy the agency's records.\n 6. All agencies subject to the requirements of this article shall\ndevelop a policy regarding providing a notification to public employees\nin the event that the agency is responding to a request for such\nemployee's disciplinary records.\n