State Codes and Statutes

Statutes > New-york > Pbo > Article-6-a > 95

§ 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 amendmentwill  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 inmate  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,  subpoenaissued  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.

State Codes and Statutes

Statutes > New-york > Pbo > Article-6-a > 95

§ 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 amendmentwill  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 inmate  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,  subpoenaissued  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbo > Article-6-a > 95

§ 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 amendmentwill  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 inmate  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,  subpoenaissued  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.

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