New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter I - General Regulations › Part 1 - Public Access To Records › Section 1.7 - Protection of certain records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				accordance with the provisions of section
				89
				(2) of the Public Officers Law, the records
				access officer may delete from any record identifying details the disclosure of
				which would result in an unwarranted invasion of personal privacy prior to
				making such record available for inspection and/or copying. In the event of any
				such deletion, the records access officer shall provide written notice of that
				fact to the person given access to the record. If the record is such that the
				personal matters cannot be fully deleted without substantively affecting the
				record or the identifying details cannot be effectively deleted, the records
				access officer shall deny access to such record as provided in section
				1.8 of this Part.
(b) Information that is submitted to the
				department in the course of rendering its economic development services, or is
				derived from such information, may be excepted from disclosure pursuant to
				section
				87
				(2)(d) of the Public Officers Law on the
				grounds that the information contains trade secrets, proprietary information,
				or that the information if disclosed would cause substantial injury to the
				competitive position of the enterprise submitting such information. A
				commercial enterprise may submit a request to the records access officer
				seeking an exception as provided for herein. Such exception may extend to
				information contained in the request itself, if disclosure would defeat the
				purpose for which the exception is sought.
(c) The request for such an exception shall
				be in writing and state the reasons for the requested exception. It shall also
				specify the information or portions of the information for which the exception
				is requested.
(d) Information
				submitted as provided in subdivisions (b) and (c) of this section shall be
				reviewed by the records access officer and it shall be his duty to make
				determinations concerning the designation of individuals within the department
				who shall maintain custody of such records or who may inspect such records. Any
				such designation shall be in writing and shall be available for
				inspection.
(e) Information
				submitted as provided in subdivisions (b) and (c) of this section shall be
				excepted from disclosure and shall be maintained apart from other records in a
				locked file cabinet or other secure facility, until 15 days after the
				entitlement to such exception has been finally determined or such further time
				as may be ordered by a court of competent jurisdiction.
(f) On the initiative of the department at
				any time, or upon the request of any person for a record excepted from
				disclosure pursuant to subdivision (b) and following of this section, the
				department shall:
(1) give notice to the
				person who requested the exception of any request for disclosure and/or of the
				department's intention to determine whether such exception should be granted or
				continued;
(2) permit the person
				who asked for the exception within 10 business days of receipt of such notice
				from the department, to submit a written statement of the necessity for the
				granting or continuation of the exception from disclosure;
(3) within seven business days of receipt of
				such written statement, or within seven business days of the expiration of the
				period prescribed for submission of such statement, issue a written
				determination granting, continuing or terminating the exception from disclosure
				and stating the reasons therefor; copies of such determination shall be served
				upon the person, if any, requesting the record, the person who asked for the
				exception and the Committee on Open Government.