POL Article 6 § 87 : Freedom of Information Law Requests
Denial and Appeal Process Pursuant to POL § 89 (FOIL)
The State Police will notify you in writing if your request is denied and provide the reason(s) for the denial. Public Officers Law Article 6 § 87 subdivision 2 exempts records which:
- Are exempted by state and/or local statute
- Would constitute an unwarranted invasion of personal privacy
- Would impair contract awards or collective bargaining negotiations
- Would cause substantial injury to the competitive position of a commercial enterprise
- Are compiled for law enforcement purposes and would:
- Interfere with investigations or judicial proceedings
- Deprive a person from the right to a fair trial or impartial adjudication
- Identify a confidential source or information related to a criminal investigation
- Reveal non-routine criminal investigative techniques and procedures
- May endanger the life or safety of any person
- Are inter-agency or intra-agency material that is:
- Not statistical or factual tabulations or data
- Not instructional to staff that affect the public
- Not final agency policy or determinations
- Not external audits
- Are test questions or answers for active examinations
- Would jeopardize an agency’s security of information technology assets
The Public Officers Law Article 6 § 89 provides an appeal process for requestors denied access to government records. The appeal must be submitted in writing within thirty (30) business days of the denial and mailed to:
New York State Police
Attn: Records Appeal Officer
1220 Washington Avenue
Albany, New York 12226-2252
For proper evaluation, the appeal should contain a reference to or a copy of the notification of denial.
The State Police Records Appeal Officer will review the request, conduct a secondary search of records if warranted, re-examine the exemptions under which the request was denied, and/or consult with Division Counsel if necessary. Within ten (10) business days of the receipt of the appeal, the Records Appeal Officer will fully explain in writing the reason for further denial or will provide full or partial access to the records sought.