2013 New York Consolidated Laws
CVR - Civil Rights
Article 5 - (50 - 52) Right of Privacy
50-A - Personnel records of police officers, firefighters and correction officers.


NY Civ Rights L § 50-A (2012) What's This?
 
    §  50-a.  Personnel  records  of  police  officers,  firefighters  and
  correction  officers.  1.  All  personnel  records  used   to   evaluate
  performance  toward continued employment or promotion, under the control
  of any police agency  or  department  of  the  state  or  any  political
  subdivision thereof including authorities or agencies maintaining police
  forces  of individuals defined as police officers in section 1.20 of the
  criminal procedure law and such personnel records under the control of a
  sheriff's department  or  a  department  of  correction  of  individuals
  employed  as  correction  officers  and such personnel records under the
  control of a paid fire department or force of  individuals  employed  as
  firefighters  or firefighter/paramedics and such personnel records under
  the control of the department of corrections and  community  supervision
  for  individuals  defined  as  peace  officers  pursuant to subdivisions
  twenty-three  and  twenty-three-a  of  section  2.10  of  the   criminal
  procedure  law  shall  be  considered  confidential  and  not subject to
  inspection or review without the express written consent of such  police
  officer, firefighter, firefighter/paramedic, correction officer or peace
  officer  within  the department of corrections and community supervision
  except as may be mandated by lawful court order.
    2. Prior to issuing such court order the judge must  review  all  such
  requests  and  give  interested  parties the opportunity to be heard. No
  such order shall issue without a clear showing of  facts  sufficient  to
  warrant the judge to request records for review.
    3.  If,  after such hearing, the judge concludes there is a sufficient
  basis he shall sign an order requiring that  the  personnel  records  in
  question  be  sealed  and sent directly to him. He shall then review the
  file and make a determination as to whether the records are relevant and
  material in the action before him. Upon such a finding the  court  shall
  make  those  parts  of  the  record  found  to  be relevant and material
  available to the persons so requesting.
    4. The provisions of this section shall  not  apply  to  any  district
  attorney  or  his  assistants,  the  attorney general or his deputies or
  assistants,  a  county  attorney  or  his  deputies  or  assistants,   a
  corporation  counsel  or  his deputies or assistants, a town attorney or
  his deputies or assistants,  a  village  attorney  or  his  deputies  or
  assistants, a grand jury, or any agency of government which requires the
  records  described  in  subdivision  one,  in  the  furtherance of their
  official functions.

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