6. Compilations of criminal histories.

The FOIL does not directly exempt from disclosure compilations of criminal histories. The New York State Division of Criminal Justice Services, which compiles criminal histories, is governed by a statutory directive to adopt measures to assure the security and privacy of identification and information data in its possession. N.Y. Exec. Law § 837(8) (McKinney 1982). The division has relied upon this statutory provision to promulgate regulations exempting information in its criminal history files from disclosure on the basis that disclosure would result in an unwarranted invasion of personal privacy. 9 N.Y.C.R.R. 6150.4(b)(6) (1978). Capital Newspapers Division of Hearst Corp. v. Poklemba, No. 6308-88 (Sup. Ct., Albany County, Dec. 30, 1988) (denying access to computer data base of criminal convictions). In contrast, the Committee on Open Government has issued several advisory opinions stating that criminal history records, including those compiled by the Division of Criminal Justice Services, should be available under FOIL, except for arrest records or other information the disclosure of which could constitute an unwarranted invasion of personal privacy. Comm. Open Gov't, FOIL-AO-4269 (1986); FOIL-AO-3455 (1984); FOIL-AO-2396 (1982); FOIL-AO-1934 (1981); FOIL-AO-680 (1978).

Convictions records are available under FOIL. See Geames v. Henry, 173 A.D.2d 825, 572 N.Y.S.2d 635 (2d Dep't 1991) (granting access to conviction record); Thompson v. Weinstein, 150 A.D.2d 782, 542 N.Y.S.2d 33, (2d Dep't 1989) (granting access to criminal convictions and pending criminal action against witness as public records and not an invasion of privacy).