Adds records of the office of homeland security to the definition of the term "public safety agency record"

Title of bill

An act to amend the public officers law, in relation to defining certain records maintained by the office of homeland security as public agency safety records

Purpose of the bill

This bill would protect from disclosure records maintained by the New York State Office of Homeland Security (OHS) relating to terrorist threats and activities, and assure law enforcement agencies that information transmitted to OHS would not be disclosed and thereby jeopardize an investigation.

Summary of provisions

This bill would amend Public Officers Law § 92(8) by including within the definition of a "public safety agency record," records relating to terrorist threats and activities and maintained by OHS pursuant to Executive Law §§ 709(2)(f), (2)(g).

Existing law

Public Officers Law § 92(8) does not include within its definition of a "public safety agency record" records maintained by OHS to analyze terrorist threats and activities.

Legislative history

This is a new bill.

Statement in support

OHS is responsible for coordinating the State's resources for the collection and analysis of information relating to terrorist threats and terrorist activities throughout the State (See Executive Law § 709(2)(f)). OHS is also responsible for coordinating and facilitating information sharing amongst local, state, and federal law enforcement agencies to ensure appropriate intelligence to assist in the early identification of and response to potential terrorist activities (See Executive Law § 709(2)(g)).

In fulfilling these statutory duties, federal, state and local law enforcement agencies often share with OHS sensitive information related to terrorist threats and activities. OHS facilitates the sharing of this information with appropriate law enforcement agencies to assist in the detection and identification of terrorist activities.

While this sensitive information in the possession of law enforcement agencies is protected from disclosure under the Personal Privacy Protection Law, the same information is not similarly protected when possessed by and requested from OHS ( SEE Public Officers Law § 95(7)).

This bill, by amending Public Officers Law §92(8) to include records maintained by OHS that contain sensitive information related to terrorist threats and activities, would help ensure that these records are afforded the same protections as when possessed by law enforcement agencies. As a result, these records could be freely shared with OHS to assist in the analysis and early identification of terrorist activities.

Budget implications

None.

Effective date

This bill would take effect immediately upon becoming law.