NY Pub Off L § 95 (2021)
2021 New York Laws PBO - Public Officers Article 6-A - Personal Privacy Protection Law 95 - Access to Records.

§ 95. Access to records. (1) (a) Each agency subject to the provisions of  this  article, within five business days of the receipt of a written request from a data subject for a record reasonably described pertaining to that data subject, shall make  such  record  available  to  the  data subject,  deny  such request in whole or in part and provide the reasons therefor in writing, or furnish a written acknowledgement of the receipt of such request and a  statement  of  the  approximate  date  when  such request  will  be  granted or denied, which date shall not exceed thirty days from the date of the acknowledgement.  (b) An agency shall not be required to provide  a  data  subject  with access to a record pursuant to this section if:  (i) the agency does not have the possession of such record;  (ii)  such  record  cannot  be  retrieved by use of the data subject's description thereof, or by use of the name or other  identifier  of  the data subject, without extraordinary search methods being employed by the agency; or  (iii) access to such record is not required to be provided pursuant to subdivision five, six or seven of this section.  (c)  Upon  payment  of, or offer to pay, the fee prescribed by section eighty-seven of this chapter, the agency shall provide  a  copy  of  the record  requested  and  certify  to  the  correctness of such copy if so requested. The record shall be made available in a printed form  without any  codes or symbols, unless accompanied by a document fully explaining such codes or symbols. Upon  a  data  subject's  voluntary  request  the agency shall permit a person of the data subject's choosing to accompany the  data  subject  when  reviewing  and  obtaining  a copy of a record, provided that the agency may require  the  data  subject  to  furnish  a written   statement   authorizing   discussion  of  the  record  in  the accompanying person's presence.  (d) Each agency shall,  provided  such  agency  has  reasonable  means available, accept requests for records submitted through electronic mail and  shall  respond to such requests by electronic mail, using forms, to the extent practicable, consistent with the form or forms  developed  by the  committee  on  open  government,  provided that the electronic mail requests do not seek a response in some other form.  (2) Each agency shall, within thirty business days  of  receipt  of  a written  request  from  a  data subject for correction or amendment of a record or personal information, reasonably described, pertaining to that data subject, which he or she believes is not accurate, relevant, timely or complete, either:  (a) make the correction or amendment in whole or in part,  and  inform the  data  subject  that  upon  his  or  her  request such correction or amendment will be provided to any or all persons or  governmental  units to  which  the  record or personal information has been or is disclosed, pursuant to paragraph (c) of subdivision three of section ninety-four of this article; or  (b) inform the data subject of its refusal to  correct  or  amend  the record and its reasons therefor.  (3)  Any  data  subject  whose request under subdivision one or two of this section is denied in whole or in part may, within  thirty  business days,  appeal  such  denial  in  writing to the head, chief executive or governing body of the agency, or the person designated as the  reviewing official  by such head, chief executive or governing body. Such official shall within seven business days of the receipt of an appeal  concerning denial  of  access,  or within thirty business days of the receipt of an appeal concerning denial of  correction  or  amendment,  either  provide access to or correction or amendment of the record sought and inform the data subject that, upon his or her request, such correction or amendment  will  be  provided  to any or all persons or governmental units to which the record or personal information has been or is disclosed, pursuant to paragraph (c) of  subdivision  three  of  section  ninety-four  of  this article, or fully explain in writing to the data subject the factual and statutory  reasons for further denial and inform the data subject of his or  her  right  to  thereupon  seek  judicial  review  of  the  agency's determination  under  section  ninety-seven of this article. Each agency shall immediately forward to the committee a copy of  such  appeal,  the determination thereof and the reasons therefor.  (4)  If correction or amendment of a record or personal information is denied in whole or in part upon appeal, the agency shall inform the data subject of the right to file with the agency a statement  of  reasonable length  setting  forth  the  reasons  for disagreement with the agency's determination  and  that,  upon  request,  his  or  her   statement   of disagreement  will  be  provided  to  any or all persons or governmental units to which  the  record  has  been  or  is  disclosed,  pursuant  to paragraph  (c)  of  subdivision  three  of  section  ninety-four of this article. With respect to any personal information  about  which  a  data subject  has filed a statement of disagreement, the agency shall clearly note any portions of the record which are disputed, and shall attach the data subject's statement of disagreement as part  of  the  record.  When providing  the data subject's statement of disagreement to other persons or governmental units pursuant to paragraph (c) of subdivision three  of section  ninety-four  of  this  article,  the  agency  may,  if it deems appropriate, also include in the  record  a  concise  statement  of  the agency's reasons for not making the requested amendment.  (5) (a) Any agency which may not otherwise exempt personal information from  the operation of this section may do so, unless access by the data subject is otherwise authorized or required by law, if such  information is compiled for law enforcement purposes and would, if disclosed:  (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.  (b)  When  providing  the  data  subject  with  access  to information described in paragraph (b) of subdivision seven of  section  ninety-four of  this  article,  an  agency may withhold the identity of a source who furnished said information under an express  promise  that  his  or  her identity would be held in confidence.  (6)  Nothing in this section shall require an agency to provide a data subject with access to:  (a) personal information to which he or she is specifically prohibited by statute from gaining access;  (b) patient records concerning mental disability  or  medical  records where such access is not otherwise required by law;  (c)  personal  information  pertaining  to  the  incarceration  of  an incarcerated individual  at  a  state  correctional  facility  which  is evaluative  in  nature  or  which,  if  such  access was provided, could endanger the life or  safety  of  any  person,  unless  such  access  is otherwise permitted by law or by court order;  (d) attorney's work product or material prepared for litigation before judicial,  quasi-judicial  or  administrative tribunals, as described in subdivisions (c) and (d) of section three thousand one  hundred  one  of the  civil  practice law and rules, except pursuant to statute, subpoena  issued in the course of a criminal action or proceeding,  court  ordered or   grand   jury  subpoena,  search  warrant  or  other  court  ordered disclosure.  (7) This section shall not apply to public safety agency records.  (8)  Nothing  in  this section shall limit, restrict, abrogate or deny any right a person may otherwise have including rights granted  pursuant to the state or federal constitution, law or court order.