N.Y. Comp. Codes R. & Regs. tit. 19 § 80.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 80.4 - Requests for public access to records

(a) A request for access to records within the possession of the Department of State shall be in writing and substantially identified as a request under the Freedom of Information Law (Public Officers Law, article 6, sections 84-90) and shall reasonably describe the requested records. Such request shall be addressed to the Records Access Officer, NYS Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001.

(b) A request for access to records may be made by electronic mail. Such request shall be responded to by electronic mail, using forms, to the extent practicable, developed by the Committee on Open Government.

(c) The records access officer may permit individuals to act as agent for or authorized representative of a requester of access to records.

(d) The records access officer shall respond within five business days to a request for access to records that are reasonably described by:

(1) informing a person requesting records that the request or portion of the request does not reasonably describe the records sought, including direction, to the extent possible, that would enable that person to request records reasonably described;

(2) granting or denying access to records in whole or in part;

(3) acknowledging the receipt of a request in writing, including an approximate date when the request will be granted or denied in whole or in part, which shall be reasonable under the circumstances of the request and shall not be more than 20 business days after the date of the acknowledgment, or if it is known that circumstances prevent disclosure within 20 business days from the date of such acknowledgment, providing a statement in writing indicating the reason for inability to grant the request within that time and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part; or

(4) if the receipt of request was acknowledged in writing and included an approximate date when the request would be granted in whole or in part within 20 business days of such acknowledgment, but circumstances prevent disclosure within that time, providing a statement in writing within 20 business days of such acknowledgment specifying the reason for the inability to do so and a date certain, within a reasonable period under the circumstances of the request, when the request will be granted in whole or in part.

(e) In determining a reasonable time for granting or denying a request under the circumstances of a request, the records access officer shall consider the volume of the request, the ease or difficulty in locating, retrieving or copying records, the complexity of the request, the need to review records to determine the extent to which they must be disclosed, the number of requests received by the department, and similar factors that bear on the ability to grant access to records promptly and within a reasonable time.

(f) The records access officer may delete identifying details or particulars in order to prevent any possible unwarranted invasion of privacy as prescribed by the Freedom of Information Law (Public Officers Law, article 6, sections 87 [2][b]; 89[2], [2-a], 96). The records access officer shall be prohibited from disclosing any and all such other details and particulars as prescribed by such law, any other laws of the State of New York or the United States, or any agreements between the State of New York and another state or the United States, its agencies or instrumentalities.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 80.4