Office for People With Developmental Disabilities

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Why You May be Denied Access to a FOIL Request

03/27/12

Certain records, or portions of records, are not available under FOIL. These include:

  • Clinical records maintained by OPWDD that relate to the care and treatment of individuals with developmental disabilities. Such records, and any other records that tend to identify individuals seeking or receiving services through OPWDD, are confidential pursuant to New York State Mental Hygiene Law section 33.13 and the federal HIPAA Privacy Rule. These records are not available pursuant to the Freedom of Information Law because they are specifically exempted from disclosure under state or federal statute (see Public Officer’s Law section 87(2)(a));
  • Other records specifically exempted from disclosure under state or federal statute(see Public Officer’s Law section 87(2)(a));
  • Records, if disclosed, that would constitute an unwarranted invasion of personal privacy(see Public Officer’s Law section 87(2)(b));
  • Records that are inter-agency or intra-agency materials which are not statistical or factual tabulations or data, instructions to staff which affect the public or are final agency policies or determinations, are external audits, including audits performed by the comptroller and the federal government or computer codes(see Public Officer’s Law section 87(2)(g)); or
  • Records, if disclosed, would impair present or imminent contract awards or collective bargaining positions (see Public Officer’s Law section 87(2)(c)).
  • If your request for records is denied in whole or in part, you will be notified of the reason in writing and advised of your right to appeal such denial.