N.Y. Comp. Codes R. & Regs. tit. 9 § 6150.4

Current through Register Vol. 46, No. 19, May 8, 2024

Section 6150.4 - Records exempt from disclosure

Notwithstanding the provisions of section 6150.3 above, the following types of records shall be exempt from public inspection and/or copying:

(a) Records which are specifically exempt from disclosure by State or Federal statute;

(b) Records constituting information the disclosure of which would result in an unwarranted invasion of personal privacy. An unwarranted invasion of personal privacy shall include, but not be limited to:

(1) disclosure of such personal matters as may have been reported in confidence to DCJS or any other State or local agency or municipality, and the publication of which is not relevant or essential to the ordinary work of DCJS;

(2) disclosure of employment, medical or credit histories or personal references of applicants for employment, unless the applicant has provided a written release permitting such disclosure;

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

(4) the sale or release of lists of names and addresses in possession of any agency or municipality if such lists are to be used for private, commercial or fund-raising purposes;

(5) disclosure of items of a personal nature which would result in economic or personal hardship to the subject party and when the publication of such records is not relevant or essential to the ordinary work of DCJS; and

(6) disclosure of information contained in the criminal history file, license and employment file and wanted and missing persons file, maintained by DCJS, including any and all information contained in such files;

(c) disclosure of information which if disclosed would impair present or imminent contract awards or collective bargaining negotiations;

(d) disclosure of information which constitutes trade secrets or is maintained for the regulation of commercial enterprise and would cause substantial injury to the competitive position of the subject enterprise;

(e) Investigatory files compiled for law enforcement purposes, including administrative and criminal law enforcement proceedings, and other information related to the operations of criminal justice agencies that are sensitive or confidential to such a degree that disclosure would not be in the interest of the public, in that disclosure would interfere with law enforcement investigations or judicial or administrative proceedings, deprive a person of the right to a fair trial or impartial adjudication, identify a confidential source or disclose confidential information relating to a criminal investigation or reveal criminal investigative techniques or procedures;

(f) Preliminary or interim communications related to the DCJS decisionmaking process, including but not limited to opinions, interpretations and evaluations prepared by staff or consultants which are not:

(1) statistical or factual tabulations;

(2) instructions to staff that affect the public; or

(3) final agency policy or determinations;

(g) Record of deliberations of any public boards or committees while in executive session.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6150.4