Records Of Disciplinary Proceedings Concerning A Police Officer Are Exempt From Disclosure Even If The Identifying Information Is Redacted

Thursday, December 27, 2018

The Court of Appeals, affirming the appellate division over a concurring opinion and two dissenting opinions, determined that the records of New York Police Department disciplinary proceedings concerning a police officer are exempt from disclosure, even if the identifying information in the records is redacted: "The FOIL exemption at issue, Public Officers Law § 87 (2) (a), provides that an agency may deny access to records that 'are specifically exempted from disclosure by state or federal statute.' The parties agree that the disciplinary decisions requested by the NYCLU are covered by a state statute: Civil Rights Law § 50-a." Matter of New York Civ. Liberties Union v. New York City Police Dept., 2018 N.Y. Slip Op. 08423, CtApp 12-13-18


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