Disciplinary records of law enforcement officers were predominantly exempt from public disclosure pursuant to the Freedom of Information Law (“FOIL”) and Civil Rights Law § 50-a until 2020. Following legislative repeal of § 50-a and the adoption of the 2020 amendments to FOIL, there remained uncertainty about whether FOIL’s “personal privacy” exemption provided a basis for agencies to categorically withhold all disciplinary records relating to unsubstantiated complaints against law enforcement officers.
On February 20, 2025, the New York Court of Appeals answered that question, holding that agencies cannot categorically deny access to unsubstantiated law enforcement disciplinary records pursuant to the “personal privacy” exemption. Matter of New York Civ. Liberties Union v. City of Rochester, 2025 N.Y. Slip Op. 01010. Instead, the Court held that FOIL requires an agency to individually evaluate each record to determine whether a “particularized and specific justification” exists for denying access on the ground that disclosing all or part of the record might constitute an unwarranted invasion of privacy. The Court also reminded agencies that, where redactions could prevent an invasion of privacy and can be made “without unreasonable difficulty,” the record, as redacted, must be disclosed.
