§ 95 — Access to records

New York § 95

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 6-A: Personal Privacy Protection Law

Text

§ 95. Access to records. (1) (a) Each agency subject to the provisions\nof this article, within five business days of the receipt of a written\nrequest from a data subject for a record reasonably described pertaining\nto that data subject, shall make such record available to the data\nsubject, deny such request in whole or in part and provide the reasons\ntherefor in writing, or furnish a written acknowledgement of the receipt\nof such request and a statement of the approximate date when such\nrequest will be granted or denied, which date shall not exceed thirty\ndays from the date of the acknowledgement.\n (b) An agency shall not be required to provide a data subject with\naccess to a record pursuant to this section if:\n (i) the agency does not have the possession of such record;\n (ii) such record cannot be retrieved by use of the data subject's\ndescription thereof, or by use of the name or other identifier of the\ndata subject, without extraordinary search methods being employed by the\nagency; or\n (iii) access to such record is not required to be provided pursuant to\nsubdivision five, six or seven of this section.\n (c) Upon payment of, or offer to pay, the fee prescribed by section\neighty-seven of this chapter, the agency shall provide a copy of the\nrecord requested and certify to the correctness of such copy if so\nrequested. The record shall be made available in a printed form without\nany codes or symbols, unless accompanied by a document fully explaining\nsuch codes or symbols. Upon a data subject's voluntary request the\nagency shall permit a person of the data subject's choosing to accompany\nthe data subject when reviewing and obtaining a copy of a record,\nprovided that the agency may require the data subject to furnish a\nwritten statement authorizing discussion of the record in the\naccompanying person's presence.\n (d) Each agency shall, provided such agency has reasonable means\navailable, accept requests for records submitted through electronic mail\nand shall respond to such requests by electronic mail, using forms, to\nthe extent practicable, consistent with the form or forms developed by\nthe committee on open government, provided that the electronic mail\nrequests do not seek a response in some other form.\n (2) Each agency shall, within thirty business days of receipt of a\nwritten request from a data subject for correction or amendment of a\nrecord or personal information, reasonably described, pertaining to that\ndata subject, which he or she believes is not accurate, relevant, timely\nor complete, either:\n (a) make the correction or amendment in whole or in part, and inform\nthe data subject that upon his or her request such correction or\namendment will be provided to any or all persons or governmental units\nto which the record or personal information has been or is disclosed,\npursuant to paragraph (c) of subdivision three of section ninety-four of\nthis article; or\n (b) inform the data subject of its refusal to correct or amend the\nrecord and its reasons therefor.\n (3) Any data subject whose request under subdivision one or two of\nthis section is denied in whole or in part may, within thirty business\ndays, appeal such denial in writing to the head, chief executive or\ngoverning body of the agency, or the person designated as the reviewing\nofficial by such head, chief executive or governing body. Such official\nshall within seven business days of the receipt of an appeal concerning\ndenial of access, or within thirty business days of the receipt of an\nappeal concerning denial of correction or amendment, either provide\naccess to or correction or amendment of the record sought and inform the\ndata subject that, upon his or her request, such correction or amendment\nwill be provided to any or all persons or governmental units to which\nthe record or personal information has been or is disclosed, pursuant to\nparagraph (c) of subdivision three of section ninety-four of this\narticle, or fully explain in writing to the data subject the factual and\nstatutory reasons for further denial and inform the data subject of his\nor her right to thereupon seek judicial review of the agency's\ndetermination under section ninety-seven of this article. Each agency\nshall immediately forward to the committee a copy of such appeal, the\ndetermination thereof and the reasons therefor.\n (4) If correction or amendment of a record or personal information is\ndenied in whole or in part upon appeal, the agency shall inform the data\nsubject of the right to file with the agency a statement of reasonable\nlength setting forth the reasons for disagreement with the agency's\ndetermination and that, upon request, his or her statement of\ndisagreement will be provided to any or all persons or governmental\nunits to which the record has been or is disclosed, pursuant to\nparagraph (c) of subdivision three of section ninety-four of this\narticle. With respect to any personal information about which a data\nsubject has filed a statement of disagreement, the agency shall clearly\nnote any portions of the record which are disputed, and shall attach the\ndata subject's statement of disagreement as part of the record. When\nproviding the data subject's statement of disagreement to other persons\nor governmental units pursuant to paragraph (c) of subdivision three of\nsection ninety-four of this article, the agency may, if it deems\nappropriate, also include in the record a concise statement of the\nagency's reasons for not making the requested amendment.\n (5) (a) Any agency which may not otherwise exempt personal information\nfrom the operation of this section may do so, unless access by the data\nsubject is otherwise authorized or required by law, if such information\nis compiled for law enforcement purposes and would, if disclosed:\n (i) interfere with law enforcement investigations or judicial\nproceedings;\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 (b) When providing the data subject with access to information\ndescribed in paragraph (b) of subdivision seven of section ninety-four\nof this article, an agency may withhold the identity of a source who\nfurnished said information under an express promise that his or her\nidentity would be held in confidence.\n (6) Nothing in this section shall require an agency to provide a data\nsubject with access to:\n (a) personal information to which he or she is specifically prohibited\nby statute from gaining access;\n (b) patient records concerning mental disability or medical records\nwhere such access is not otherwise required by law;\n (c) personal information pertaining to the incarceration of an\nincarcerated individual at a state correctional facility which is\nevaluative in nature or which, if such access was provided, could\nendanger the life or safety of any person, unless such access is\notherwise permitted by law or by court order;\n (d) attorney's work product or material prepared for litigation before\njudicial, quasi-judicial or administrative tribunals, as described in\nsubdivisions (c) and (d) of section three thousand one hundred one of\nthe civil practice law and rules, except pursuant to statute, subpoena\nissued in the course of a criminal action or proceeding, court ordered\nor grand jury subpoena, search warrant or other court ordered\ndisclosure.\n (7) This section shall not apply to public safety agency records.\n (8) Nothing in this section shall limit, restrict, abrogate or deny\nany right a person may otherwise have including rights granted pursuant\nto the state or federal constitution, law or court order.\n