Requests for exception of trade secrets or critical infrastructure information
Source version current through May 15, 2022
Later State Register activity may affect this section.
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- Executive Department
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- May 15, 2022
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- Apr 27, 2026
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Statutory authority: Executive Law, § 709; Public Officers, §§ 87(1)(b), 89(5)
(a)A person acting pursuant to law or regulation who submits any information to the Office of Homeland Security may, at the time of submission, request that the office except such information from disclosure pursuant to section 89(5)(1) and paragraph (d) of subdivision (2) of section 87 of the Public Officers Law and may at any time, request that such information be excepted from disclosure pursuant to section 89(5)(1-a) and in accordance with the following:
(1)where the request itself contains information which if disclosed would defeat the purpose for which the exception is sought, such information shall also be excepted from disclosure;
(2)the party submitting the information shall do so in writing and shall state the reasons why the information should be excepted from disclosure, including where appropriate, why disclosure would likely cause substantial injury to the competitive position of the subject enterprise; and
(3)the submitting party shall clearly label the information sought to be excepted from disclosure by labeling each document page "trade secret" or "critical infrastructure information".
(b)On the initiative of the office at any time or upon request of any person for a record excepted, or requested to be excepted, from disclosure the records access officer shall inform the person who requested the exception of the intention of the office to determine whether such exception should be granted, continued or terminated.
(c)Within 10 business days of receipt of said notice the person requesting the exception may submit a statement of the necessity for the granting or continuation of such exception.
(d)Within seven business days of receipt of such a written statement or within seven business days of the expiration of the 10 business days for submission of the written statement, the records access officer shall issue a written determination granting, continuing or terminating such exception and stating the reasons therefor. Any written notice shall contain a statement of the reasons for the decision and shall advise the aggrieved party of the right to appeal the record access officer's decision within seven business days of receipt of the decision and in accordance with section 10025.10 of this Part.
(e)The written decision shall be served upon the party requesting the information, the party who requested the exception and the committee on open government.