N.Y. Public Officers Law § 87: Access to agency records

§ 87. Access to agency records. 1. (a) Within sixty days after the

effective date of this article, the governing body of each public

corporation shall promulgate uniform rules and regulations for all

agencies in such public corporation pursuant to such general rules and

regulations as may be promulgated by the committee on open government in

conformity with the provisions of this article, pertaining to the

administration of this article.

(b) Each agency shall promulgate rules and regulations, in conformity

with this article and applicable rules and regulations promulgated

pursuant to the provisions of paragraph (a) of this subdivision, and

pursuant to such general rules and regulations as may be promulgated by

the committee on open government in conformity with the provisions of

this article, pertaining to the availability of records and procedures

to be followed, including, but not limited to:

i. the times and places such records are available;

ii. the persons from whom such records may be obtained, and

iii. except when a different fee is otherwise prescribed by statute:

(1) the fees for paper copies of records shall not exceed twenty-five

cents per photocopy not in excess of nine inches by fourteen inches, or

the actual cost of reproducing any other record in accordance with the

provisions of paragraph (c) of this subdivision.

(2) In the case where an identical record has been prepared for a

previous request within the past 6 months and an electronic copy is

available, an agency shall not charge a fee for the reproduction of such

record, except for the actual cost of a storage device or media if one

is provided to the requester in complying with such request.

(c) In determining the actual cost of reproducing a record, an agency

may include only:

i. an amount equal to the hourly salary attributed to the lowest paid

agency employee who has the necessary skill required to prepare a copy

of the requested record;

ii. the actual cost of the storage devices or media provided to the

person making the request in complying with such request;

iii. the actual cost to the agency of engaging an outside professional

service to prepare a copy of a record, but only when an agency's

information technology equipment is inadequate to prepare a copy, if

such service is used to prepare the copy; and

iv. preparing a copy shall not include search time or administrative

costs, and no fee shall be charged unless at least two hours of agency

employee time is needed to prepare a copy of the record requested. A

person requesting a record shall be informed of the estimated cost of

preparing a copy of the record if more than two hours of an agency

employee's time is needed, or if an outside professional service would

be retained to prepare a copy of the record.

2. Each agency shall, in accordance with its published rules, make

available for public inspection and copying all records, except those

records or portions thereof that may be withheld pursuant to the

exceptions of rights of access appearing in this subdivision. A denial

of access shall not be based solely on the category or type of such

record and shall be valid only when there is a particularized and

specific justification for such denial. Each agency shall, in accordance

with its published rules, make available for public inspection and

copying all records, except that such agency may deny access to records

or portions thereof that:

(a) are specifically exempted from disclosure by state or federal

statute;

(b) if disclosed would constitute an unwarranted invasion of personal

privacy under the provisions of subdivision two of section eighty-nine

of this article;

(c) if disclosed would impair present or imminent contract awards or

collective bargaining negotiations;

(d) are trade secrets or are submitted to an agency by a commercial

enterprise or derived from information obtained from a commercial

enterprise and which if disclosed would cause substantial injury to the

competitive position of the subject enterprise;

(e) are compiled for law enforcement purposes only to the extent that

disclosure would:

i. interfere with law enforcement investigations or judicial

proceedings, provided however, that any agency, which is not conducting

the investigation that the requested records relate to, that is

considering denying access pursuant to this subparagraph shall receive

confirmation from the law enforcement or investigating agency conducting

the investigation that disclosure of such records will interfere with an

ongoing investigation;

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;

(f) if disclosed could endanger the life or safety of any person;

(g) are inter-agency or intra-agency materials which are not:

i. statistical or factual tabulations or data;

ii. instructions to staff that affect the public;

iii. final agency policy or determinations;

iv. external audits, including but not limited to audits performed by

the comptroller and the federal government; or

(h) are examination questions or answers which are requested prior to

the final administration of such questions.

(i) if disclosed, would jeopardize the capacity of an agency or an

entity that has shared information with an agency to guarantee the

security of its information technology assets, such assets encompassing

both electronic information systems and infrastructures; or

* (j) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-a of

the vehicle and traffic law.

* NB Repealed December 1, 2027

* (k) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-b of

the vehicle and traffic law.

* NB Repealed December 1, 2029

* (k) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-b of

the vehicle and traffic law.

* NB Repealed December 1, 2029

* (l) are photographs, microphotographs, videotape or other recorded

images produced by a bus lane photo device prepared under authority of

section eleven hundred eleven-c of the vehicle and traffic law.

* NB Repealed July 1, 2028

* (m) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-b

of the vehicle and traffic law.

* NB Repealed July 1, 2030

* (n) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-d of

the vehicle and traffic law.

* NB Repealed December 1, 2029

* (o) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-e of

the vehicle and traffic law.

* NB Repealed December 1, 2029

(p) are data or images produced by an electronic toll collection

system under authority of article forty-four-C of the vehicle and

traffic law and in title three of article three of the public

authorities law.

* (q) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred seventy-four-a

of the vehicle and traffic law.

* NB Repealed December 1, 2029

* (r) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-e

of the vehicle and traffic law.

* NB There are 3 par (r)'s

* NB Repealed October 6, 2031

* (r) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-f of

the vehicle and traffic law.

* NB There are 3 par (r)'s

* NB Repealed December 1, 2031

* (r) are photographs, microphotographs, videotape or other recorded

images or information and data prepared under authority of section three

hundred eighty-five-a of the vehicle and traffic law.

* NB There are 3 par (r)'s

* NB Repealed December 1, 2030

* (s) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-c-one

of the vehicle and traffic law.

* NB There are 3 par (s)'s

* NB Repealed July 1, 2028

* (s) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-g of

the vehicle and traffic law.

* NB There are 3 par (s)'s

* NB Repealed October 28, 2028

* (s) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eighty-f of

the vehicle and traffic law.

* NB There are 3 par (s)'s

* NB Repealed December 31, 2028

* (t) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-f

of the vehicle and traffic law.

* NB There are 2 par (t)'s

* NB Repealed December 31, 2028

* (t) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-g of

the vehicle and traffic law.

* NB There are 2 par (t)'s

* NB Repealed December 1, 2027

* (u) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-g

of the vehicle and traffic law.

* NB Repealed December 31, 2029

* NB There are 2 par (u)'s

* (u) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-h of

the vehicle and traffic law.

* NB Repealed December 1, 2029

* NB There are 2 par (u)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-i of

the vehicle and traffic law.

* NB Repealed December 1, 2030

* NB There are 5 par (v)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eighty-h of

the vehicle and traffic law.

* NB Repealed December 1, 2031

* NB There are 5 par (v)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-h

of the vehicle and traffic law.

* NB Repealed December 31, 2030

* NB There are 5 par (v)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-h

of the vehicle and traffic law.

* NB Repealed December 31, 2030

* NB There are 5 par (v)'s

* (v) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-i of

the vehicle and traffic law.

* NB Repealed December 31, 2030

* NB There are 5 par (v)'s

* (w) is information or data, regardless of form, created, collected,

recorded, or otherwise captured by an intelligent speed assistance

device installed and maintained pursuant to the authority of section

sixteen hundred forty-two-b of the vehicle and traffic law.

* NB Effective May 26, 2027

* NB Repealed July 1, 2032

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-c

of the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 31, 2030

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-j of

the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 1, 2031

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-j of

the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 1, 2030

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 31, 2031

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 31, 2031

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-j of

the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 31, 2031

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under authority of section eleven hundred eleven-j of

the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 31, 2030

* NB There are 9 par (w)'s

* (w) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 31, 2031

* NB There are 9 par (w)'s

* (x) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 31, 2031

* NB There are 3 par (x)'s

* (x) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 31, 2031

* NB There are 3 par (x)'s

* (x) are photographs, microphotographs, videotape or other recorded

images prepared under the authority of section eleven hundred eighty-i

of the vehicle and traffic law.

* NB Effective September 13, 2026

* NB Repealed December 31, 2031

* NB There are 3 par (x)'s

3. Each agency shall maintain:

(a) a record of the final vote of each member in every agency

proceeding in which the member votes;

(b) a record setting forth the name, public office address, title and

salary of every officer or employee of the agency; and

(c) a reasonably detailed current list by subject matter of all

records in the possession of the agency, whether or not available under

this article. Each agency shall update its subject matter list annually,

and the date of the most recent update shall be conspicuously indicated

on the list. Each state agency as defined in subdivision four of this

section that maintains a website shall post its current list on its

website and such posting shall be linked to the website of the committee

on open government. Any such agency that does not maintain a website

shall arrange to have its list posted on the website of the committee on

open government.

4. (a) Each state agency which maintains records containing trade

secrets, to which access may be denied pursuant to paragraph (d) of

subdivision two of this section, shall promulgate regulations in

conformity with the provisions of subdivision five of section

eighty-nine of this article pertaining to such records, including, but

not limited to the following:

(1) the manner of identifying the records or parts;

(2) the manner of identifying persons within the agency to whose

custody the records or parts will be charged and for whose inspection

and study the records will be made available;

(3) the manner of safeguarding against any unauthorized access to the

records.

(b) As used in this subdivision the term "agency" or "state agency"

means only a state department, board, bureau, division, council or

office and any public corporation the majority of whose members are

appointed by the governor.

(c) Each state agency that maintains a website shall post information

related to this article and article six-A of this chapter on its

website. Such information shall include, at a minimum, contact

information for the persons from whom records of the agency may be

obtained, the times and places such records are available for inspection

and copying, and information on how to request records in person, by

mail, and, if the agency accepts requests for records electronically, by

e-mail. This posting shall be linked to the website of the committee on

open government.

4-a. A law enforcement agency responding to a request for law

enforcement disciplinary records as defined in section eighty-six of

this article shall redact any portion of such record containing the

information specified in subdivision two-b of section eighty-nine of

this article prior to disclosing such record under this article.

4-b. A law enforcement agency responding to a request for law

enforcement disciplinary records, as defined in section eighty-six of

this article, may redact any portion of such record containing the

information specified in subdivision two-c of section eighty-nine of

this article prior to disclosing such record under this article.

5. (a) An agency shall provide records on the medium requested by a

person, if the agency can reasonably make such copy or have such copy

made by engaging an outside professional service. Records provided in a

computer format shall not be encrypted.

(b) No agency shall enter into or renew a contract for the creation or

maintenance of records if such contract impairs the right of the public

to inspect or copy the agency's records.

6. All agencies subject to the requirements of this article shall

develop a policy regarding providing a notification to public employees

in the event that the agency is responding to a request for such

employee's disciplinary records.