N.Y. Comp. Codes R. & Regs. tit. 9 § 550.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 550.5 - Requests for public access to records

(a) A request for records within the possession of the office shall be in writing. Such request shall be made via email to counsel.foilr@its.ny.gov or by submitting a completed request form through the FOIL application located on the agency's website, or by letter addressed to the Records Access Officer, Office of Information Technology Services, State Capitol/ Empire State Plaza, P.O. Box 2062, Albany, NY 12220.

(b)

(1) The records access officer may permit individuals to act as agent for or authorized representative of a requester for access to records.

(2) In addition to the written request for access to records, the records access officer may require such agent or authorized representative to complete a written agency form prescribed by the office before acting upon the request.

(c)

(1) The records access officer shall respond promptly to a request for access to records. The records access officer's response to the request shall be made no more than five business days after the day of the receipt of the request.

(2) If the office does not make records available or deny access to records sought within five business days of the receipt of a request, the records access officer's response shall acknowledge the receipt of the request and state the approximate date when it is expected that the request will be granted or denied.

(3) In the event that the office receives a request for another agency's data that is in the possession of the office because it administers, operates or manages a statewide technology program, the records access officer will, pursuant to section 106 of the State Technology Law, transmit, within five days, in writing, the request to the agency that owns the data, accompanied by a copy of section 106 of the State Technology Law. The records access officer will also send a copy of the transmittal to the requester

(4) So that the personnel of the office can locate records within a reasonable time, a request for access to records shall be sufficiently detailed to identify the records and shall, if possible, include the article and section of the law to which the requested records relate. In addition, if pertinent to the request, the requester shall, if possible, include descriptive words and dates or other information that will help identify the record or records.

(5) No records may be removed by the requester from the office where the record is located.

(6) Upon failure to locate records, the records access officer shall inform the requester that:

(i) the office does not have possession of the requested records; or

(ii) the requested records cannot be found after diligent search.

(7) The records access officer shall, upon request, certify to the correctness of the copies of the records, that the office does not have possession of the requested records, or that the requested records cannot be found after diligent search.

(d) In accordance with the provisions of subdivision 2 of section 89 of the Freedom of Information Law and in conformity with any guidelines as may be promulgated by the Committee on Open Government regarding the prevention of unwarranted invasions of personal privacy, the records access officer shall delete from any requested 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. The records access officer shall also delete from any requested record any and all such other information the disclosure of which is prescribed by any other laws of the State of New York or the United States.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 550.5

Amended New York State Register April 4, 2018/Volume XL, Issue 14, eff. 4/4/2018

Amended New York State Register January 10, 2024/Volume XLVI, Issue 2, eff. 1/10/2024