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FOIL-AO-17799

E-MAIL

From:   Freeman, Robert (DOS)
Sent:    Tuesday, September 01, 2009 4:25 PM
To:      
Subject:           personnel file

Dear

I have received your inquiry concerning your right to obtain a copy of your personnel file from your employer, the NYU School of Medicine. 

In this regard, the Freedom of Information Law pertains to agency records, and §86(3) of that statute defines the term agency, in brief, to mean an entity of state or local government in New York.  Assuming that the NYU School of Medicine is a private institution, rather than a governmental entity, the Freedom of Information Law would not apply.  Further, there is no general law applicable to private employers that deals with their obligation to disclose personnel records to their employees or which provides employees with rights of access to records pertaining to themselves.  On occasion, a collective bargaining may include provisions concerning employee access to personnel records.  If you are covered by such an agreement, it is suggested that you review it to ascertain whether any such rights have been conferred.

I hope that I have been of assistance.

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone: (518)474-2518
Fax: (518)474-1927
Website: www.dos.ny.gov/coog/index.html