N.Y. Comp. Codes R. & Regs. tit. 9 § 330-1.6

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

Section 330-1.6 - Records not available for inspection or copying

Notwithstanding anything to the contrary contained in this Part, the following records or portions thereof shall not be available for public inspection or copying that:

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

(b) if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of subdivision 2 of section 89 of the Public Officers Law;

(c) if disclosed, would impair present or imminent contract awards;

(d) are trade secrets as defined herein;

(e) are compiled for law enforcement purposes and 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 disclosure confidential information relating to a criminal investigation; or

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

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

(g) are inter-agency or intra-agency communications which are not:

(1) statistical or factual tabulations or data;

(2) instructions to staff that affect the public;

(3) final agency policy or determination; or

(4) relate to litigation, pending or threatened;

(h) if disclosed, would jeopardize an agency's capacity to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures.

The foregoing exemptions shall not apply to records, the disclosure or publication of which are directed by other statutes.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 330-1.6