N.Y. Public Officers Law § 95: Access to records

§ 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 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 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

incarcerated individual 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, subpoena

issued 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.