What's happening
This bill amends the Freedom of Information Law to allow disclosure if the benefits outweigh the risk to life or safety.
Why it matters
Shifts the balance toward transparency. This amendment requires agencies to consider whether the public benefit of releasing information outweighs the risk to life or safety, potentially increasing access to information previously withheld.
Introduces a formal weighing test. It mandates a case-by-case assessment, rather than an automatic exemption, for records where disclosure could endanger someone—making secrecy less absolute and more subject to justification.
Could affect oversight and accountability. By making it harder to deny requests solely on safety grounds, the bill may enable greater public scrutiny of government actions, especially in cases where “danger” has been broadly interpreted in the past.
Raises practical and legal questions. Agencies will need to develop clear criteria for evaluating the “benefits” of disclosure versus potential harm, which could lead to new legal challenges and shape future interpretations of the Freedom of Information Law.
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Who cares
Headline styles
Limit Dangerous Records Disclosure
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to governmental operations
- Referred to governmental operations
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
144
2017-2018 Regular Sessions
IN ASSEMBLY (Prefiled)
January 4, 2017
Introduced by M. of A. CAHILL -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to freedom of information law exempting disclosure when danger to life or safety of a person may result
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (f) of subdivision 2 of section 87 of the public officers law, as amended by chapter 403 of the laws of 2003, is amended to read as follows:
(f) if disclosed could endanger the life or safety of any person, unless the benefits of disclosure outweigh the need for secrecy;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01501-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.