New York just ruled by appeal that yes they are! Where is Miami, Fl on this same issue?




New York Civil Liberties Union v. New York City Police Department

Citation: 2018 NY Slip Op 08423

Opinion Date: December 11, 2018

Judge: Garcia

Areas of Law: Civil Rights

In this Freedom of Information Law (FOIL) dispute, the Court of Appeals held that police officer personnel records are exempt from disclosure pursuant to N.Y. Pub. Off. Law 87(2)(a) and N.Y. Civ. Rights Law 50-a. The New York Civil Liberties Union (NYCLU) commenced this N.Y. C.P.L.R. 78 proceeding seeking disclosure of protected personnel records from the New York City Police Department (NYPD) pursuant to FOIL. Supreme Court ordered the NYPD to disclose redacted records. The Appellate Division reversed, holding that controlling precedent determined that the NYPD could not be ordered to disclose redacted versions of the records. The Court of Appeals affirmed, holding that N.Y. Pub. Off. Law 87(2)(a) and N.Y. Civ. Rights Law 50-a mandate confidentiality and supply no authority to compel redacted disclosure.