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Title: Section 50-1.6 - Availability of department records

50-1.6 Availability of department records.

(a) All records of the department are available for public inspection and copying, except that access may be denied to records or portions thereof that:

(1) are specifically exempted from disclosure by State or Federal statute;

(2) if disclosed would constitute an unwarranted invasion of personal privacy;

(i) an unwarranted invasion of personal privacy includes, but is not limited to:

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

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

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

(d) 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 department or the agency requesting it; or

(e) disclosure of information of a personal nature reported in confidence to the department and not relevant to the ordinary work of the department;

(ii) disclosure is not construed to constitute an unwarranted invasion of personal privacy when:

(a) identifying details are deleted;

(b) the person to whom a record pertains consents in writing to disclosure;

(c) upon presenting reasonable proof of identity, a person seeks access to records pertaining to him/her;

(3) if disclosed would impair present or imminent contract awards or collective bargaining negotiations;

(4) are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise;

(5) are compiled for law enforcement purposes and which, if disclosed, would: (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 or procedures;

(6) if disclosed would endanger life or safety of any person;

(7) are inter-agency or intra-agency material which are not:

(i) statistical or factual tabulations or data;

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

(iii) final agency policy or determination; or

(8) are examination questions or answers which are requested prior to the final administration of such questions.

(b) Nothing in this Subpart shall permit disclosure which constitutes an unwarranted invasion of personal privacy, if such disclosure is prohibited under article 6-A (Personal Privacy Protection Law) of the Public Officers Law.


VOLUME A-1 (Title 10)