Relates to access to certain records

1 Co-sponsor

• Brad Hoylman-Sigal

BILL NUMBER:S5975

Title of bill

An act to amend the public officers law, in relation to requiring a particularized and specific justification for denial of access to records under the freedom of information law and exemption from disclosure under the freedom of information law of certain law enforcement related records; and to amend the civil rights law, in relation to records identifying victims

Purpose or general idea of bill

To clarify certain provisions of FOIL and other disclosure laws to make sure that people are not wrongfully denied access to public records.

Summary of specific provisions

This bill would make changes to the Freedom of Information Law. (FOIL) and to section 50-b of the civil rights law. This bill would provide that when an agency is considering denying access to records under the law enforcement exception to FOIL on the grounds that disclosure would interfere with a judicial proceeding, then the decision of whether to grant access would be made by the judge presiding over that.judicial proceeding. This bill would clarify that a denial of access to records under FOIL does not prevent a person from obtaining records under any other law. In addition, the bill would clarify that parties to any civil or criminal action or proceeding can use FOIL to obtain records concerning the action or proceeding: Furthermore, this bill clarifies that access to a record cannot he withheld due to the type or category of record. This bill would also amend the law enforcement exception to FOIL to make clear that records cannot be withheld solely because they relate in some manner to an investigation or criminal proceeding. This bill would also amend section 50-b of the civil rights law to clarify that only the portions of a report that would identify a victim of a sexual offense are exempt from disclosure.

Justification

FOIL provides individuals with greater access to their government which helps achieve the goal of an open and transparent government. To that end, there is a strong presumption under FOIL that government records are accessible to the public and there are a number of defined exceptions of access to records. Under current law, access to records or to portions of records is sometimes withheld when they should not be. Too often records that were prepared in the ordinary course of business, which should be accessible to the public, have been withheld. This bill would clarify certain provisions of FOIL and section 50-b of the civil rights law to make sure that people are not wrongfully denied access to public records.

Prior legislative history

2012: A.9460 - Passed Assembly

Fiscal implications

None noted.

Effective date

Immediately