§87. Access to agency records.
2. Each agency shall, in accordance with its published rules, make available for public inspection and copying all records, except that such agency may deny access to records or portions thereof that:
(a) are specifically exempted from disclosure by state or federal statute;
(b) if disclosed would constitute an unwarranted invasion of personal privacy
under the provisions of subdivision two of section eighty-nine of this
article;
(c) if disclosed would impair present or imminent contract awards or collective
bargaining negotiations;
(d) are trade secrets or are submitted to an agency by a commercial enterprise
or derived from information obtained from a commercial enterprise and which
if disclosed would cause substantial injury to the competitive position
of the subject enterprise;
(e) are compiled for law enforcement purposes and which, if disclosed,
would:
i. interfere with law enforcement investigations or judicial proceedings;
ii. deprive a person of a right to a fair trial or impartial adjudication;
iii. identify a confidential source or disclose confidential information
relating to a criminal investigation; or
iv. reveal criminal investigative techniques or procedures, except routine
techniques and procedures;
(f) if disclosed could endanger the life or safety of any person;
(g) 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; or
iv. external audits, including but not limited to audits performed by the
comptroller and the federal government; or
(h) are examination questions or answers which are requested prior to
the final administration of such questions;
(i) if disclosed, would jeopardize an agency’s capacity to guarantee
the security of its information technology assets, such assets encompassing
both electronic information systems and infrastructures; or
(j) are photographs, microphotographs, videotape or other recorded images
prepared under authority of section eleven hundred eleven-a of the vehicle
and traffic law.