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November 2023

“Unsubstantiated” Complaints About Police Are Not Categorically Exempt from FOIL Disclosure

Court Also Rejects Police Department’s “Retroactivity” Argument

By Alia Smith
New York’s Second Department held that police disciplinary records, formerly shielded from public disclosure under the now-repealed Civil Rights Law Section 50-a, are not categorically exempt from disclosure under the Freedom of Information Law’s privacy exemption.