Sec. 1550.9. Grant or denial of access to records

(a) The records access officer shall grant requests for public access to records pertaining either to information required to be disclosed under the provisions of article 6 of the Public Officers Law or to information that was furnished to the public prior to the enactment of said law, unless such information is exempt from disclosure under the provisions of article 6 of the Public Officers Law or as an unwarranted invasion of personal privacy or otherwise exempt from disclosure.

(b) The records access officer shall deny a request for public access to records or portions thereof which he determines:

(1) are specifically exempted from disclosure by State or Federal statute;

(2) if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of subdivision 2 of section 89 of the Public Officers Law;

(3) if disclosed, would impair present or imminent contract awards or collective bargaining negotiations;

(4) 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) 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;

(6) if disclosed would endanger the life or safety of any person;

(7) 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; or

(iii) final agency policy or determination.

(c) Whenever the records access officer denies a request for public access to records, he shall advise, in writing, the applicant of the reason for such denial and he shall also advise the applicant of the latter's right to appeal such denial to the fund's general manager and of the latter's name, business address and business telephone number.