Who is subject to the Freedom of Information Law?
Any New York State or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity performing a governmental or proprietary function is subject to the Law. Each of those governmental entities is an "agency." The courts are outside its coverage but often must disclose records under other provisions of law. The State Legislature is covered by the Freedom of Information Law, but is treated differently from agencies generally. Private corporations or companies are not subject to the Freedom of Information Law.
Who is required to receive and respond to requests via e-mail?
Every agency subject to the Freedom of Information Law, provided that it has the ability to receive requests for records from the public and transmit records by e-mail.
To whom should I direct my request?
A request should be directed to the "records access officer" of the agency, the person having the duty of coordinating an agency's response to a request. The request should reasonably describe the records in sufficient detail to enable the agency staff to locate the records. If the agency employs e-mail, an e-mail request may be made to the e-mail address designated by the agency for such purpose. The subject line of the e-mail should be clearly marked "FOIL Request." Be sure to retain a dated electronic or paper copy for your records.
The following is a suggested format. Delete any portions that do not apply:
TO: Records Access Officer:
(1) Please e-mail the following records, if possible (include as much detail about the record as possible, such as relevant dates, names, descriptions, etc.) :
(2) Please indicate the appropriate time during normal business hours for inspecting the following records prior to obtaining copies (include as much detail about the records as possible, including relevant dates, names, descriptions, etc.) :
Alternatively: Please tell me the cost of providing paper copies of the following records (include as much detail about the records as possible, including relevant dates, names, descriptions, etc.).
(3) If only certain portions of the requested records can be e-mailed to me, please reply by e-mail and indicate which portions that can be emailed and tell me the cost for reproducing the remainder of the records requested .
(4) If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please tell me the actual cost of copying all records onto a CD or floppy disk.
(5) If my request is too broad or does not reasonably describe the records, please indicate in an e-mail what additional information you need. If appropriate, please tell me how your records are filed, retrieved or generated. If I must modify my request, please notify me by e-mail or by telephone at the following number (show phone number here).
If, for any reason, any portion of my request is denied, please tell me the reason for the denial in writing and provide the name, address and e-mail address of the person or agency to whom I should direct an appeal.
Name:
Address (if records are to be sent by mail).
What records are available?
All records are available, unless an exception allows an agency to deny access. Most of the exceptions are based upon the potential for harm that would arise from disclosure of the records. If such disclosure would be damaging to an individual or preclude a government agency from carrying out its duties, it is probable that some parts of the records may be withheld. Not all records are maintained electronically, and some records that are maintained electronically may not be available in a particular electronic format.
How long must I wait to get access to records?
When an agency receives a request, §89(3) of the Freedom of Information Law requires that it has five business days to grant or deny access in whole or in part, or if more time is needed, to acknowledge the receipt of the request in writing. The acknowledgement must include an approximate date indicating when an agency will grant or deny the request. The date must be reasonable under the circumstances of the request, and in most instances, it cannot exceed twenty additional business days. If more than 20 additional business days are needed, the agency must provide an explanation and a firm date within which it will grant or deny the request in whole or in part. That date, too, must be reasonable in consideration of the facts (i.e., the volume or complexity of the request, the need to search for records, or the obligation to review records to determine rights of access).
Because an electronic request may be sent at any time of the day or night, for purposes of determining the date of receipt and the required response time frame, an e-mail request is determined to have been received on the first business day on which it was received during normal business hours. For example, if an email request is sent at 6 p.m .on Tuesday, it is deemed to have been received at 9 a.m. on Wednesday.
A failure to comply with any of the time limitations imposed by law would constitute a denial of a request that may be appealed in accordance with §89(4)(a) of the Freedom of Information Law. That provision states that an appeal must be made within 30 days of the denial. The appeal should be made to the person designated by the agency to determine appeals or the chief executive of the agency.
The agency is required to respond to the appeal within ten business days of the receipt of the appeal by granting access to the records or fully explaining the reasons for further denial in writing. If a determination on the appeal is not rendered within ten business days, the failure to do so constitutes a denial of the appeal. In that circumstance, you may initiate a proceeding to challenge the denial of access under Article 78 of the Civil Practice Law and Rules.
How much can I be charged for public records?
An agency may charge up to twenty-five cents per photocopy not in excess of nine by fourteen inches, or in the case of records that cannot be photocopied, the actual cost of reproduction (for example, photographs, computer discs, tape recordings, etc.), unless otherwise prescribed by statute. With few exceptions, an agency cannot charge for search or clerical time. An agency cannot charge for records transmitted via email.
Can I inspect records instead of paying the fees?
Yes. Any person has the right to inspect accessible records at no charge. If portions of the records may be withheld, however, the agency is permitted to require payment for redacted copies of records. If portions of electronic records can reasonably be redacted electronically, prior to disclosure, no payment can be required.
Does the Freedom of Information Law apply to computer records?
Yes. The term "record" is defined to include all information kept, held, filed, produced or reproduced by, with or for an agency, in any physical form whatsoever. Therefore, the Freedom of Information Law clearly applies to government records generated, received or maintained electronically.
Do I get to choose in which electronic format the records are sent?
If an agency has reasonable means to convert accessible records from one electronic format into another more desirable format, it must do so at your request.
Do I have to state a reason why I want public records?
No. A person requesting records cannot be required to provide a reason or indicate the intended use of the record might be. The only exception is if the purpose of a request is relevant is for a list of names and residence addresses. Only then is the agency authorized to seek assurance that the list will not be used for commercial or fund-raising purposes. The agency can deny access if it determines that a list will be used for those purposes.
I asked a local government official a question about his office, but he didn't answer. What can I do to make him answer?
The Freedom of Information Law pertains to records. It is not intended to be used as a vehicle for cross-examining government officials or employees. Therefore, an agency is not required to answer questions or to create a new record in response to questions. While agency staff may answer questions--and many do--that kind of service is independent of the requirements of the Freedom of Information Law, which deals with requests for existing records.
Do I have a right to know how government spends money?
Yes. Records reflective of government expenditures are generally available. Also, every agency is required to create a payroll record which indicates the name, public office address, title and salary of every officer or employee of the agency.
Can an agency deny my request because it is too broad or too vague?
Yes. An agency may reject a request that does not "reasonably describe" records. If the request is too vague to answer, the agency must seek clarification of the request, and when appropriate, indicate the manner in which records are filed, retrieved or generated. Also, the nature of an agency's filing or record retrieval system is relevant to whether a request reasonably describes records. If locating a record involves the equivalent of searching for "a needle in a haystack," the request may not reasonably describe the record. In that event, you should ask the agency for specific information about how its records are kept or filed.
