Last updated November 3, 2023
2-c. For records that constitute “law enforcement disciplinary records” as defined in subdivision six of section
eighty-six of this article, a law enforcement agency may redact records pertaining to technical infractions as
defined in subdivision nine of section eighty-six of this article prior to disclosing such records under this article.
3. (a) Each entity subject to the provisions of this article, within five business days of the receipt of a written
request for a record reasonably described, shall make such record available to the person requesting it, deny such
request in writing or furnish a written acknowledgment of the receipt of such request and a statement of the
approximate date, which shall be reasonable under the circumstances of the request, when such request will be
granted or denied, including, where appropriate, a statement that access to the record will be determined in
accordance with subdivision five of this section. An agency shall not deny a request on the basis that the request is
voluminous or that locating or reviewing the requested records or providing the requested copies is burdensome
because the agency lacks sufficient staffing or on any other basis if the agency may engage an outside professional
service to provide copying, programming or other services required to provide the copy, the costs of which the
agency may recover pursuant to paragraph (c) of subdivision one of section eighty-seven of this article. An agency
may require a person requesting lists of names and addresses to provide a written certification that such person
will not use such lists of names and addresses for solicitation or fund-raising purposes and will not sell, give or
otherwise make available such lists of names and addresses to any other person for the purpose of allowing that
person to use such lists of names and addresses for solicitation or fund-raising purposes. If an agency determines
to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record
or records within twenty business days from the date of the acknowledgement of the receipt of the request, the
agency shall state, in writing, both the reason for the inability to grant the request within twenty business days and
a date certain within a reasonable period, depending on the circumstances, when the request will be granted in
whole or in part. Upon payment of, or offer to pay, the fee prescribed therefor, the entity shall provide a copy of
such record and certify to the correctness of such copy if so requested, or as the case may be, shall certify that it
does not have possession of such record or that such record cannot be found after diligent search. Nothing in this
article shall be construed to require any entity to prepare any record not possessed or maintained by such entity
except the records specified in subdivision three of section eighty-seven and subdivision three of section eighty-
eight of this article. When an agency has the ability to retrieve or extract a record or data maintained in a
computer storage system with reasonable effort, it shall be required to do so. When doing so requires less
employee time than engaging in manual retrieval or redactions from non-electronic records, the agency shall be
required to retrieve or extract such record or data electronically. Any programming necessary to retrieve a record
maintained in a computer storage system and to transfer that record to the medium requested by a person or to
allow the transferred record to be read or printed shall not be deemed to be the preparation or creation of a new
record.
(b) All entities shall, provided such entity has reasonable means available, accept requests for records submitted in
the form of electronic mail and shall respond to such requests by electronic mail, using forms, to the extent
practicable, consistent with the form or forms developed by the committee on open government pursuant to
subdivision one of this section and provided that the written requests do not seek a response in some other form.
(c) Each state agency, as defined in subdivision five of this section, that maintains a website shall ensure its website
provides for the online submission of a request for records pursuant to this article.
4. (a) Except as provided in subdivision five of this section, any person denied access to a record may within thirty
days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person
therefor designated by such head, chief executive, or governing body, who shall within ten business days of the