New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXVII - New York State Science And Technology Foundation › Part 5900 - Public Access To Records › Section 5900.7 - 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 that
				one or more deletion is so made from any document, 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
				5900.8 of this Part.
(b) Information that is submitted to the
				foundation in the course of rendering its 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. An
				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 kept in the custody of the
				records access officer, and it shall be his duty to make determinations
				concerning the designation of other individuals within the foundation 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 all 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 foundation at
				any time, or upon the request of any person for a record excepted from
				disclosure pursuant to subdivisions (b) and following of this section, the
				foundation shall:
(1) give notice to the
				person who requested the exception of any request for disclosure and/or of the
				foundation'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 foundation, 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 Public Access to Records.