50-a
50-a is a section of the New York Civil Rights Law, enacted in 1976, which hides performance records of police officers, firefighters, and prison officers from the public. According to the law, the "personnel records” are “confidential and not subject to inspection or review," unless the officer grants permission for their release. The rationale behind the law was to protect law enforcement officers who served as witnesses for the prosecution in trials. In particular, the law was meant to protect officers from extensive subpoenas for misconduct records issued by defense attorneys.
Critics have argued that the law has been used to hide records of police misconduct and wrongdoing from the public. This has helped create a culture in which police misconduct often goes unpunished and a lack of oversight is common. Media organizations have experienced difficulty in investigating police misconduct due to the 50-a law, as well. According to Michael Sisitzky of the New York Civil Liberties Union, "50-a was arguably the worst law in the nation when it comes to the public’s ability to access these records."
Beginning in 2014, following the killing of Eric Garner, a coalition of activists began to call for the repeal of 50-a. Some organizations that have advocated for the repeal of the law include Communities United for Police Reform, New York Communities for Change, Moms Rising, Make the Road New York, New York City Bar Association, and the New York Civil Liberties Union. In 2016, Mayor Bill de Blasio issued a written statement that “public interest was disserved” by the law. Following the killing of George Floyd, large-scale protests began in many parts of the world, including in New York, calling for police reforms and police accountability. On June 12, 2020, Governor Andrew Cuomo signed to repeal the law as part of New York State Senate Bill S8496.
In July 2020, Federal Judge Katherine Polk Failla temporarily blocked the release of records citing "employment" and "safety" issues.
