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A400Assembly2019-2020 Session

Protect Sensitive Records Release

Official title

“Provides for the exception to public disclosure of records if disclosure would endanger the health or safety of persons unless the benefits of disclosure”

Sponsor Kevin CahillAD-103
Status
In Assembly Committee
Governmental Operations
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Governmental Operations

What's happening

The bill amends FOIL to allow disclosure of information that could endanger someone if the benefits outweigh the need for secrecy.

Why it matters

  1. Shifts the balance toward transparency. The amendment introduces a balancing test, meaning government agencies must now weigh the potential benefits to the public of releasing information against the risks to individual safety, rather than automatically withholding it.

  2. Could increase public access to critical information. This change may allow journalists, advocates, and the general public to obtain information previously kept secret, particularly in cases where exposure of wrongdoing or systemic issues could serve the greater good.

  3. Adds complexity and discretion to FOIL requests. Agencies will have to justify secrecy more rigorously, and their decisions may be more frequently challenged in court, potentially resulting in more legal scrutiny and case law around what constitutes a greater public benefit.

  4. Impacts individuals and organizations seeking accountability. Those affected by government actions—such as families, watchdog groups, or communities—may find it easier to access records relevant to safety, oversight, or justice, provided they can demonstrate a compelling public interest.

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Who cares

Headline styles

Protect Sensitive Records Release

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin Cahill

Assembly Member · Assembly District 103

No co-sponsors yet.

History

  1. Referred to governmental operations
  2. Referred to governmental operations

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

400

2019-2020 Regular Sessions

IN ASSEMBLY (Prefiled)

January 9, 2019

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.

LBD01966-01-9

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.