2012 New York Consolidated Laws
PBO - Public Officers
Article 6 - (84 - 90) FREEDOM OF INFORMATION LAW
87 - Access to agency records.


NY Pub Off L § 87 (2012) What's This?
 
    § 87. Access  to  agency  records.  1. (a) Within sixty days after the
  effective date of this  article,  the  governing  body  of  each  public
  corporation  shall  promulgate  uniform  rules  and  regulations for all
  agencies in such public corporation pursuant to such general  rules  and
  regulations as may be promulgated by the committee on open government in
  conformity  with  the  provisions  of  this  article,  pertaining to the
  administration of this article.
    (b) Each agency shall promulgate rules and regulations, in  conformity
  with  this  article  and  applicable  rules  and regulations promulgated
  pursuant to the provisions of paragraph (a)  of  this  subdivision,  and
  pursuant  to such general rules and regulations as may be promulgated by
  the committee on open government in conformity with  the  provisions  of
  this  article,  pertaining to the availability of records and procedures
  to be followed, including, but not limited to:
    i. the times and places such records are available;
    ii. the persons from whom such records may be obtained, and
    iii. the fees for copies of records which shall not exceed twenty-five
  cents per photocopy not in excess of nine inches by fourteen inches,  or
  the  actual  cost of reproducing any other record in accordance with the
  provisions of paragraph (c) of this subdivision, except when a different
  fee is otherwise prescribed by statute.
    (c) In determining the actual cost of reproducing a record, an  agency
  may include only:
    i.  an amount equal to the hourly salary attributed to the lowest paid
  agency employee who has the necessary skill required to prepare  a  copy
  of the requested record;
    ii.  the  actual  cost of the storage devices or media provided to the
  person making the request in complying with such request;
    iii. the actual cost to the agency of engaging an outside professional
  service to prepare a copy  of  a  record,  but  only  when  an  agency's
  information  technology  equipment  is  inadequate to prepare a copy, if
  such service is used to prepare the copy; and
    iv. preparing a copy shall not include search time  or  administrative
  costs,  and  no fee shall be charged unless at least two hours of agency
  employee time is needed to prepare a copy of  the  record  requested.  A
  person  requesting  a  record shall be informed of the estimated cost of
  preparing a copy of the record if more  than  two  hours  of  an  agency
  employee's  time  is needed, or if an outside professional service would
  be retained to prepare a copy of the record.
    2. Each agency shall, in accordance with  its  published  rules,  make
  available  for  public  inspection  and copying all records, except that
  such agency may deny access to records or portions thereof that:
    (a) are specifically exempted from  disclosure  by  state  or  federal
  statute;
    (b)  if disclosed would constitute an unwarranted invasion of personal
  privacy under the provisions of subdivision two of  section  eighty-nine
  of this article;
    (c)  if  disclosed would impair present or imminent contract awards or
  collective bargaining negotiations;
    (d) are trade secrets or are submitted to an agency  by  a  commercial
  enterprise  or  derived  from  information  obtained  from  a commercial
  enterprise and which if disclosed would cause substantial injury to  the
  competitive position of the subject enterprise;
    (e) are compiled for law enforcement purposes and which, if disclosed,
  would:
    i.   interfere   with   law  enforcement  investigations  or  judicial
  proceedings;

    ii. deprive a  person  of  a  right  to  a  fair  trial  or  impartial
  adjudication;
    iii.   identify   a   confidential  source  or  disclose  confidential
  information relating to a criminal investigation; or
    iv. reveal criminal investigative  techniques  or  procedures,  except
  routine techniques and procedures;
    (f) if disclosed could endanger the life or safety of any person;
    (g) are inter-agency or intra-agency materials which are not:
    i. statistical or factual tabulations or data;
    ii. instructions to staff that affect the public;
    iii. final agency policy or determinations;
    iv.  external audits, including but not limited to audits performed by
  the comptroller and the federal government; or
    (h) are examination questions or answers which are requested prior  to
  the final administration of such questions.
    (i)  if  disclosed,  would  jeopardize the capacity of an agency or an
  entity that has shared information  with  an  agency  to  guarantee  the
  security  of its information technology assets, such assets encompassing
  both electronic information systems and infrastructures; or
    * (j) are photographs, microphotographs, videotape or  other  recorded
  images  prepared  under  authority of section eleven hundred eleven-a of
  the vehicle and traffic law.
    * NB Repealed December 1, 2014
    * (k) are photographs, microphotographs, videotape or  other  recorded
  images  prepared  under  authority of section eleven hundred eleven-b of
  the vehicle and traffic law.
    * NB Repealed December 1, 2014
    * (l) are photographs, microphotographs, videotape or  other  recorded
  images  produced  by a bus lane photo device prepared under authority of
  section eleven hundred eleven-c of the vehicle and traffic law.
    * NB Repealed September 20, 2015
    3. Each agency shall maintain:
    (a) a record of  the  final  vote  of  each  member  in  every  agency
  proceeding in which the member votes;
    (b)  a record setting forth the name, public office address, title and
  salary of every officer or employee of the agency; and
    (c) a reasonably detailed  current  list  by  subject  matter  of  all
  records  in the possession of the agency, whether or not available under
  this article. Each agency shall update its subject matter list annually,
  and the date of the most recent update shall be conspicuously  indicated
  on  the  list.  Each state agency as defined in subdivision four of this
  section that maintains a website shall post  its  current  list  on  its
  website and such posting shall be linked to the website of the committee
  on  open  government.  Any  such agency that does not maintain a website
  shall arrange to have its list posted on the website of the committee on
  open government.
    4. (a) Each state agency  which  maintains  records  containing  trade
  secrets,  to  which  access  may  be denied pursuant to paragraph (d) of
  subdivision  two  of  this  section,  shall  promulgate  regulations  in
  conformity   with   the   provisions  of  subdivision  five  of  section
  eighty-nine of this article pertaining to such records,  including,  but
  not limited to the following:
    (1) the manner of identifying the records or parts;
    (2)  the  manner  of  identifying  persons  within the agency to whose
  custody the records or parts will be charged and  for  whose  inspection
  and study the records will be made available;
    (3)  the manner of safeguarding against any unauthorized access to the
  records.

    (b) As used in this subdivision the term "agency"  or  "state  agency"
  means  only  a  state  department,  board,  bureau, division, council or
  office and any public corporation the  majority  of  whose  members  are
  appointed by the governor.
    (c)  Each state agency that maintains a website shall post information
  related to this article  and  article  six-A  of  this  chapter  on  its
  website.   Such   information  shall  include,  at  a  minimum,  contact
  information for the persons from whom  records  of  the  agency  may  be
  obtained, the times and places such records are available for inspection
  and  copying,  and  information  on how to request records in person, by
  mail, and, if the agency accepts requests for records electronically, by
  e-mail. This posting shall be linked to the website of the committee  on
  open government.
    5.  (a)  An  agency shall provide records on the medium requested by a
  person, if the agency can reasonably make such copy or  have  such  copy
  made  by engaging an outside professional service. Records provided in a
  computer format shall not be encrypted.
    (b) No agency shall enter into or renew a contract for the creation or
  maintenance of records if such contract impairs the right of the  public
  to inspect or copy the agency's records.

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