2023 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. except when a different fee is otherwise prescribed by statute:
(1) the fees for paper copies of records 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.
(2)  In  the  case  where  an identical record has been prepared for a
previous request within the past 6 months  and  an  electronic  copy  is
available, an agency shall not charge a fee for the reproduction of such
record,  except  for the actual cost of a storage device or media if one
is provided to the requester in complying with such request.
(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 those
records or portions  thereof  that  may  be  withheld  pursuant  to  the
exceptions  of  rights of access appearing in this subdivision. A denial
of access shall not be based solely on the  category  or  type  of  such
record  and  shall  be  valid  only  when  there is a particularized and
specific justification for such denial. 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 only to the extent that
disclosure would:
i.  interfere  with  law  enforcement   investigations   or   judicial
proceedings,  provided however, that any agency, which is not conducting
the  investigation  that  the  requested  records  relate  to,  that  is
considering  denying  access pursuant to this subparagraph shall receive
confirmation from the law enforcement or investigating agency conducting
the investigation that disclosure of such records will interfere with an
ongoing investigation;
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 July 1, 2028
* (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, 2025
* (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, 2029
* (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 There are 3 par (r)'s
* 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 There are 3 par (r)'s
* NB Repealed December 1, 2026
* (r)  are  photographs, microphotographs, videotape or other recorded
images or information and data prepared under authority of section three
hundred eighty-five-a of the vehicle and traffic law.
* NB There are 3 par (r)'s
* NB Repealed December 1, 2025
* (s) are photographs, microphotographs, videotape or  other  recorded
images  prepared  under authority of section eleven hundred eleven-c-one
of the vehicle and traffic law.
* NB There are 3 par (s)'s
* NB Repealed July 1, 2028
* (s) are photographs, microphotographs, videotape or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-g of
the vehicle and traffic law.
* NB There are 3 par (s)'s
* NB Repealed October 28, 2028
* (s) are photographs, microphotographs, videotape or  other  recorded
images  prepared  under  authority of section eleven hundred eighty-f of
the vehicle and traffic law.
* NB There are 3 par (s)'s
* NB Repealed December 31, 2028
* (t) are photographs, microphotographs, videotape or  other  recorded
images  prepared  under the authority of section eleven hundred eighty-f
of the vehicle and traffic law.
* NB There are 2 par (t)'s
* NB Repealed December 31, 2028
* (t) are photographs, microphotographs, videotape or  other  recorded
images  prepared  under  authority of section eleven hundred eleven-g of
the vehicle and traffic law.
* NB There are 2 par (t)'s
* NB Repealed December 1, 2027
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.