NY Pub Off L § 87 (2021)
2021 New York Laws PBO - Public Officers Article 6 - Freedom of Information Law 87 - Access to Agency Records.

§ 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, 2024   * (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, 2024   * (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, 2025   * (m) are photographs, microphotographs, videotape or  other  recorded images  prepared  under the authority of section eleven hundred eighty-b of the vehicle and traffic law.   * NB Repealed July 1, 2022   * (n) are photographs, microphotographs, videotape or  other  recorded images  prepared  under  authority of section eleven hundred eleven-d of the vehicle and traffic law.   * NB Repealed December 1, 2024   * (o) are photographs, microphotographs, videotape or  other  recorded images  prepared  under  authority of section eleven hundred eleven-e of the vehicle and traffic law.   * NB Repealed December 1, 2024   * (p) are data or images produced by  an  electronic  toll  collection system  under  authority  of  article  forty-four-C  of  the vehicle and traffic  law  and  in  title  three  of  article  three  of  the  public authorities law.   * NB There are 2 par (p)'s   * (p)  are  photographs, microphotographs, videotape or other recorded images prepared under the authority of section eleven  hundred  eighty-d of the vehicle and traffic law.   * NB There are 2 par (p)'s   * NB Repealed September 6, 2024   * (q)  are  photographs, microphotographs, videotape or other recorded images prepared under authority of section eleven hundred seventy-four-a of the vehicle and traffic law.   * NB Repealed December 1, 2024    * (r) are photographs, microphotographs, videotape or  other  recorded images  prepared  under the authority of section eleven hundred eighty-e of the vehicle and traffic law.   * NB Repealed October 6, 2026   * (r)  are  photographs, microphotographs, videotape or other recorded images prepared under authority of section eleven  hundred  eleven-f  of the vehicle and traffic law.   * NB Effective November 7, 2021   * NB Repealed December 1, 2026   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.   4-a. A  law  enforcement  agency  responding  to  a  request  for  law enforcement  disciplinary  records  as  defined in section eighty-six of this article shall redact any portion  of  such  record  containing  the information  specified  in  subdivision  two-b of section eighty-nine of this article prior to disclosing such record under this article.   4-b. A  law  enforcement  agency  responding  to  a  request  for  law enforcement  disciplinary  records,  as defined in section eighty-six of this article, may redact any  portion  of  such  record  containing  the  information  specified  in  subdivision  two-c of section eighty-nine of this article prior to disclosing such record under this article.   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.