Why You Might Be Denied Access to Records Requested Under FOIL

Certain records or portions thereof are excepted from disclosure under authority of Public Officers Law Section 87(2)(a-i). These records include those which:

  • are specifically exempted from disclosure under state or federal statute,
  • if disclosed would constitute an unwarranted invasion of personal privacy,
  • if disclosed would impair present or imminent contract awards or collective bargaining negotiations,
  • are trade secrets or are submitted to the department or are derived from information obtained from a commercial enterprise and which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise,
  • are compiled for law enforcement purposes and which if disclosed would interfere with law enforcement investigations or judicial proceedings, deprive a person of the right to a fair trial or impartial adjudication, identify a confidential source or disclose confidential information regarding a criminal investigation, or reveal criminal investigative techniques or procedures, except routine techniques and procedures,
  • if disclosed would endanger the life or safety of any person,
  • are inter-agency or intra-agency materials which are not statistical or factual tabulations or data, instructions to staff which affect the public or are final agency policies or determinations, are external audits, including audits performed by the comptroller and the federal government,
  • are examination questions or answers which are requested prior to the final administration of such questions, or
  • if disclosed, would jeopardize the capacity of an agency or an entity that has shared information with an agency to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures.

DOH will advise a requestor in writing of denial of access to a requested record or portions thereof, stating the reason for denial and advising the requestor of his or her right to an appeal. For more information, see "How to Appeal When You've Been Denied Access" posted in this section.