N.Y. Comp. Codes R. & Regs. tit. 14 § 804.5

Current through Register Vol. 46, No. 25, June 18, 2024

Section 804.5 - Records which are exempt from access by data subjects

(a) Personal information specifically prohibited by statute from disclosure.

(b) Records concerning mental disability or medical records where access is not otherwise required by law.

(c) Personal information pertaining to the incarceration of an inmate at a state correctional facility which is evaluative in nature or could endanger the life or safety of any person, unless access is otherwise permitted by law or by court order.

(d) Attorney's work product or material prepared for litigation, 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.

(e) Public safety agency records.

(f) Records containing information compiled for law enforcement purposes which if disclosed would:

(1) interfere with law enforcement investigations or judicial proceedings;

(2) deprive a person of a right to a fair trial or impartial adjudication;

(3) identify a confidential source or disclose confidential information relating to a criminal investigation; or

(4) reveal criminal investigative techniques or procedures, except routine techniques and procedures.

(g) When providing the data subject with access to information described in paragraph (b) of subdivision 7 of section 94 of the Public Officers Law, the office 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.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 804.5