New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 510 - Public Access To Records Of The Office Of Mental Health › Section 510.9 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				request for access to records is denied, such denial shall be in writing. Such
				denial shall explain the reason for the denial, the right to appeal the
				decision and the process for appeal as provided in section
				510.10 
				of this Part.
(b) A request for a
				record may be denied for any of the following reasons:
(1) the record is exempted from disclosure by
				State or Federal law;
(2) the
				record, if disclosed, would constitute an unwarranted invasion of personal
				privacy, under the provisions of Public Officers Law section 89(2) including,
				but not limited to:
(i) disclosure of
				employment, medical or credit histories, or personal references of applicants
				for employment;
(ii) disclosure of
				clinical records or information tending to identify recipients;
(iii) release of names and addresses if the
				list would be used for commercial or fund raising purposes;
(iv) disclosure of information of a personal
				nature when disclosure would result in economic or personal hardship to the
				subject of the record, and such information is not relevant to the work of the
				agency requesting or maintaining the record; or
(v) disclosure of information of a personal
				nature reported in confidence to an agency and not relevant to the ordinary
				work of such agency;
(3)
				disclosure of the record would impair present or imminent contract awards or
				collective bargaining negotiations;
(4) the record contains trade secrets, or has
				been submitted 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;
(5) the record was compiled for law
				enforcement purposes and disclosure would:
(i)
				interfere with law enforcement investigations or judicial
				proceedings;
(ii) deprive a person
				of his or her 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 non-routine criminal
				investigative techniques or procedures;
(6) disclosure of the record would endanger
				the life or safety of any person;
(7) the record consists of interagency or
				intra-agency materials, which are not statistical or factual tabulations or
				data, instructions to staff that affect the public, final agency policy or
				determinations, or external audits, including but not limited to audits
				performed by the Comptroller and the Federal government;
(8) the record consists of examination
				questions or answers which are requested prior to the final administration of
				such questions;
(9) the record
				consists of computer access codes; or
(10) the record consists of photographs,
				microphotographs, videotape or other recorded images prepared under authority
				of section 1111-a  of the Vehicle and Traffic
				Law.