Freedom Of Information Policy Frequently Asked Questions

  1. Is the Port Authority subject to New York’s Freedom of Information Law or New Jersey’s Open Public Records Act?
  2. How do I submit a Freedom of Information Request?
  3. What records are available?
  4. Will responsive records be provided in their entirety?
  5. Why must I provide the Port Authority with my identifying information?
  6. If I am seeking an incident, accident (other than Motor Vehicle Accident) or police report that happened at one of the Port Authority’s facilities, must I contact that particular facility?
  7. When will I receive an answer to my Freedom of Information Request?
  8. How much can I be charged for public records?
  9. What is the pre-payment information?
  10. Is it possible to review the records instead of receiving photocopies?
  11. Do I have a right to appeal a denial or exemption of record and if so, how may I do it?
  12. Are there disclosure policy exemptions?

Freedom Of Information Policy

1. Is the Port Authority subject to New York’s Freedom of Information Law or New Jersey’s Open Public Records Act?

The Port Authority adopted its own Policy (originally adopted in 1977, amended in 1992 and most recently amended 11/20/2008) and is substantially consistent with the Freedom of Information laws of both states.

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2. How do I submit a Freedom of Information Request?

All requests must be submitted in writing and addressed to The Port Authority of New York and New Jersey, FOI Administrator, Office of the Secretary, 225 Park Avenue South, 17th Floor, New York, NY 10003. You may send by mail, facsimile (212) 435-7555 or electronically by accessing the online Freedom of Information form contained within the Port Authority’s website www.panynj.gov. If you have any questions prior to or after submitting a request, please call (212) 435-2542 or (212) 435- 6676 during normal business hours.

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3. What records are available?

The Policy provides for the access to or copies of all records within of the Port Authority, except that such access may be denied pursuant to one or more Policy exemptions. Requests should contain sufficient information to identify the specific record(s) sought.

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4. Will responsive records be provided in their entirety?

Yes, unless some or all of the records identified as being responsive to your request are exempt from disclosure (protected from release) pursuant to one or more of the Policy exemptions.

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5. Why must I provide the Port Authority with my identifying information?

Providing identifying information, such as your name, company name (if applicable) address and telephone number and email address is necessary for contact purposes. It should be noted that any information provided may be subject to disclosure under the Policy.

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6. If I am seeking an incident, accident (other than Motor Vehicle Accident) or police report that happened at one of the Port Authority’s facilities, must I contact that particular facility?

No, requests for various Port Authority reports, regardless of location, may be addressed to the FOI Administrator for processing. Procedures pertaining to access to Port Authority Motor Vehicle Accident Reports may be found at www.panynj.gov.

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7. When will I receive an answer to my Freedom of Information Request?

The Policy stipulates a response within five business days. A requester is advised in writing is additional time is necessary to satisfy their request and given a date for completion

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8. How much can I be charged for public records?
  • A research fee will be applied if it is estimated to take more than 1 hour to search for a particular record or more than 1 hour of computer programming is necessary
  • There is a 25¢ per page fee for photocopying.
  • There is a $5.00 fee for records provided in electronic format (CD or DVD)
  • There is a $10.00 fee for any police or incident report.
  • If certification is requested, there is a $2 fee
  • A requester will be advised, in writing, of the applicable photocopying or search fee; pre-payment of this fee must be received prior to release of any records.

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9. What is the pre-payment information?

Payment must be provided either in cash, company check, certified check or money order, made payable to “The Port Authority of New York and New Jersey” and submitted to the FOI Administrator via USPS or by hand delivery prior to the release of records.

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10. Is it possible to review the records instead of receiving photocopies?

Yes. Once the requester is notified that there are documents available for inspection under the Policy, arrangements may be made by calling the FOI Administrator (212) 435-2542 to schedule an appointment. There is no charge for an on-site inspection, which would take place at Port Authority headquarters.

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11. Do I have a right to appeal a denial or exemption of record and if so, how may I do it?

Yes. You may file an appeal addressed to General Counsel of The Port Authority of New York and New Jersey, 225 Park Avenue South, 15th Floor, New York, NY 10003 within 30 business days from the date of denial.

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12. Are there disclosure policy exemptions?
  1. are rendered confidential or privileged, or are exempted from disclosure by federal or state law or regulations or rules or decisions of court;
  2. if disclosed, would constitute an unwarranted invasion of personal privacy of an individual or individuals (including personnel, medical or disciplinary records and any lists of names and addresses to be used for profit or financial gain);
  3. if disclosed, would impair present or future awards or negotiations, including collective bargaining or negotiations of leases, permits, contracts or other agreements;
  4. are trade secrets or are maintained for the regulation or supervision of commercial enterprise which, if disclosed, would cause injury to the competitive position of the enterprise;
  5. are compiled for public safety, law enforcement or official investigatory (internal or external) purposes, when their disclosure may affect public safety, interfere with investigations, audits, law enforcement investigations, or judicial or disciplinary proceedings, or deny or prejudice a right to a fair trial or impartial adjudication, or identify a confidential source or disclose confidential information relating to an audit or a civil, criminal, or internal or external disciplinary investigation;
  6. if disclosed, could endanger the life or safety of any person or jeopardize the safety and/or security of any facility or information technology system;
  7. are inter-agency or intra-agency records other than statistical or factual tabulations of data, provided that instructions to staff that affect the public or final agency policy or determinations may not be exempted; or
  8. are examination questions or answers which are requested prior to final administration of such questions;

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(212) 435-7000  •  225 Park Avenue South, New York, NY 10003