Public Officers Law 89(2)(B) Interpretation

Thus, Public Officers Law 89(2)(b) plainly permits an agency to delete identifying details from records made available by it to the public in order to prevent an unwarranted invasion of personal privacy. In Matter of Bellamy v. New York City Police Department (59 AD3d 353, 354-355, 874 N.Y.S.2d 60 [1st Dept 2009]), the First Department held that where privacy interests are implicated by the type of information sought to be redacted, the court must determine whether release of such information falls within one of the specific categories listed in Public Officers Law 89 (2)(b) and, if not, whether there is nevertheless any unwarranted invasion of privacy '"by balancing the privacy interests at stake against the public interest in disclosure of the information'" (quoting from Matter of New York Times Co. v. City of New York Fire Dept., 4 NY3d 477, 485, 829 N.E.2d 266, 796 N.Y.S.2d 302 [2005]).