17 CRR-NY 1.0NY-CRR
17 CRR-NY 1.0
17 CRR-NY 1.0
1.0 Introduction.
(a) The Department of Transportation policy.
A free society is characterized by government which is responsive and responsible to the public, and a public that is aware of government actions. The more open a government is with its citizenry, the greater the understanding and participation of the public in government. The people's right to know the processes of government decisionmaking and the documents and statistics leading to determination is basic in our society. The government is the people's business; and the public, individually and collectively and represented by a free news media, should have unimpaired access to government records. It is, therefore, the policy of the Department of Transportation to make its records an open book in accordance with the provisions of article 6 of the Public Officers Law and of these regulations.
(b) Categories of records to which access may be denied.
Under the terms of the Freedom of Information Law, all Department of Transportation records, i.e., any records held or produced with or for this department, are available for inspection and copying, with the reservation that the department may deny access to certain records or parts of records if, and only if:
(1) they are specifically exempted from disclosure by State and Federal statute;
(2) disclosure would constitute an unwarranted invasion of personal privacy under the provisions of subdivision 2 of section 89 of the Public Officers Law. This would include employment, medical or credit histories; personal references of applicants for employment; sale or release of list of names and addresses if the lists would be used for commercial or fund raising purposes; information of a personal nature which is not relevant to the department's ordinary work and would result in economic or personal hardship to the person. This would not include records in cases where identifying details are deleted; the person who is the subject of the record consents in writing to its disclosure; or the person who is the subject of the record desires a copy;
(3) disclosure would impair present or imminent contract awards, or collective bargaining negotiations;
(4) they are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise;
(5) they are compiled for law enforcement purposes and which, if disclosed, would:
(i) interfere with law enforcement investigations or judicial proceedings;
(ii) deprive a person to a right of a fair trial or impartial adjudication;
(iii) identify a confidential source or disclose confidential information relating to a criminal investigation; and
(iv) reveal criminal investigative techniques or procedures, except routine techniques and procedures;
(6) disclosure would endanger the life or safety of any person;
(7) they are inter-agency or intra-agency materials which are not:
(i) statistical or factual tabulations or data;
(ii) instructions to staff that affect the public;
(iii) final agency policy or determinations; and
(iv) external audits, including but not limited to audits performed by the comptroller and the Federal government;
(8) they are examination questions or answers which are requested prior to the final administration of such questions; and
(9) they are computer access codes.
17 CRR-NY 1.0
Current through December 15, 2021
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