N.Y. Comp. Codes R. & Regs. tit. 21 § 9650.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 9650.5 - Procedure for making requests; responses to request

(a) Any request to inspect and/or copy records shall be made in writing and addressed to the records access officer. The request shall reasonably describe the record or records sought and shall, whenever possible, supply information regarding dates, file designations or other information which will enable the records access officer to identify the records sought.

(b) Within five business days or receipt of a request, the records access officer shall respond to the request:

(1) If it is determined that the request should be granted, the records access officer shall so notify the requesting party in a writing which states the time and place at which the requested record may be inspected and the procedures and fees for copying of records.

(2) If it is determined that the requested records are exempt from disclosure under the terms of the Freedom of Information Law and that the request should be denied, the records access officer shall so notify the requesting party in a writing which states the ground for the denial.

(3) If a request does not adequately describe the records sought, the records access officer shall notify the requesting party in writing that his request has been denied, stating the reasons why the request does not meet the requirements of this section and extending to the requesting party an opportunity to confer with the records access officer in order to attempt to reformulate the request in a manner that will enable the agency to identify the records sought.

(4) If a requested record does not exist, has been destroyed or otherwise disposed of, the records access officer shall so notify the requesting party in writing.

(5) If it is determined that a request should be granted in part and denied in part, the records access officer shall so notify the requesting party in a writing which sets forth the information required by paragraphs (1)-(4), of this subdivision as applicable.

(6) Each writing denying a request in whole or in part shall inform the requesting party of his right to appeal the determination within 30 days and shall state the name of the person or body designated to hear such appeals. Such person or body shall be identified by name, title, business address and telephone number.

(c) If the authority is unable to determine within five business days whether to grant, deny or otherwise respond to a request for inspection and copying, the records access officer shall, within such five-day period, acknowledge receipt of the request in writing to the requesting party, stating the approximate date by which a determination with respect to the request will be made. If the authority does not make a determination with respect to the request within 10 business days from the date of such acknowledgement, the request may be construed as a denial of access and an appeal may be taken to the person or body designated to hear appeals.

(d) To prevent unwarranted invasions of personal privacy, the authority, in making records available for inspection and copying, may delete identifying details or may withhold records otherwise available, if deletion of identifying details is impracticable or will not, in fact, prevent an unwarranted invasion of the privacy of the person to whome the record refers. An unwarranted invasion of privacy includes, but is not limited to:

(1) disclosure of employment, medical or credit histories or personal references of applicants for employment; or

(2) disclosure of items involving the medical or personal records of a client or patient in a medical facility; or

(3) sale or release of lists of names and addresses if such lists would be used for commercial or fund-raising purposes; or

(4) disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the authority; or

(5) disclosure of information of a personal nature reported in confidence to the authority and which is not relevant to the ordinary work of the authority.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 9650.5