Freedom of Information Law Rulings

Summaries of selected Freedom of Information Law [FOIL] court and administrative rulings posted on New York Public Personnel Law

Click on the text highlighted in color to access the text of the posting.

A “conclusory affidavit” by the custodian of the records that are the target of a FOIL request insufficient to trigger a FOIL “statutory exception”

A FOIL request seeking the names of a public retirement system’s retirees may be denied by the custodian of the records as exempt from disclosure

A Freedom of Information demand may trump an agreement to keep some or all of the terms of a disciplinary action settlement "confidential"

A Freedom of Information request for records concerning law enforcement operations may be denied

A peer-review panel member’s evaluation of an individual may be withheld from disclosure pursuant to a FOIL request

A police officer's personnel records are exempt from disclosure pursuant to the Freedom of Information Law during and after he or she leaves public service

A state may deny access to records available to its citizens pursuant to its Freedom of Information Law to individuals not citizens of that state who make a FOIL request for such records

Access to documents under FOIL limited

Action for alleged defamation follows disclosure of document pursuant to a FOIL request 

An agency may decline to acknowledge that requested records exist in response to a Freedom of Information Law request

An attorney’s advice sent by one layperson to another layperson not an attorney-client communication subject to a FOIL exception

An autopsy of a Freedom of Information request

An entity claiming that it is not subject to the State’s Freedom of Information Law has the burden to provide documentary evidence that conclusively establishes such a defense as a matter of law

An individual terminated pursuant to Civil Service Law §71 must be reinstated consistent with §71 once the individual has been found qualified to return to work by a medical officer selected by personnel department or civil service commission having jurisdiction

Another FOIL Lesson: Be mindful of your audience

Applying the exemption from releasing documents and records to the public pursuant to a FOIL request

Attorney-Client privilege and e-mail communications

Certain information contained in personnel records may be redacted in complying with a Freedom of Information request

Certain personnel records are exempt from disclosure pursuant to Public Officers Law §87(2)(a) and Civil Rights Law §50-a even in a redacted form

Challenging the denial of a Freedom of Information Law request on the representation that the records are exempt from disclosure

Charging a fee for the cost of reviewing and redacting requested video footage sought pursuant to New York State's Freedom of Information Law

Commissioner of Education does not have jurisdiction to resolve FOIL or Title IX appeals

Complying with administrative procedural requirements prior initiating litigation seeking information pursuant to the Freedom of Information Law

Conditioning the disclosure of material sought pursuant to a FOIL request upon the prepayment of costs authorized by statute

Confidentiality of disciplinary records based on an agreement not to disclose their contents

Confidentiality of police records

Correspondence exchanged between public officers and agencies and private consultants are within the ambit of the Freedom of Information Law

Court cites the “principle of stare decisis” in affirming a custodian of public record’s denial of a Freedom of Information Law request

Courts are to determine the appropriate balance between personal privacy and public interests in considering the appeal of a denial of a Freedom of Information [FOIL] request

Custodian of a public record may decline to release pre-decision materials prepared to assist in final decision making being sought pursuant to a Freedom of Information request

Decision highlights some essentials of the Freedom of Information Law

Determining if a "non-governmental entity" is an "agency" within the meaning of the New York State's Freedom of Information Law and thus subject to its provisions

Disclosing the unlisted telephone numbers called by public officials pursuant to a FOIL request

Disclosure of public information or records to one is disclosure to all Disclosure of the terms of settlement agreements pursuant to a FOIL demand

Disclosure of public records pursuant to the Freedom of Information Law

Documents concerning an employee’s separation and post-termination employment benefits available under New York's Freedom of Information Law

Documents containing information used to evaluate the performance of specified public employees are not subject to disclosure pursuant to a Freedom of Information request

Duplicative FOIL requests

E-mails between a public employer and an applicant for public employment may be subject to disclosure pursuant to the Freedom of Information Law

Employee disciplined for alleged acts of misconduct that took place 20 years earlier

Employee organization may not rely of a FOIL request to obtain the names of charter school employees

Entities subject to the Open Meetings Law and the Freedom of Information Law

Exceptions to providing public records pursuant to New York State's Freedom of Information Law [FOIL]

Expanding exemptions from FOIL to protect "technology assets used to maintain public information"

FOIL amended

Exploring claimed procedural obstacles to demands for certain records pursuant to New York's Freedom of Information Law

Exploring claimed procedural obstacles to demands for certain records pursuant to New York's Freedom of Information Law

Failure of the custodian of a public record sought pursuant to a Freedom of Information Law request to respond to the request within the relevant time limit deemed a denial of the request

Failure to respond to a request for documents sought pursuant New York State's Freedom of Information Law

Filing a FOIL request for personnel records

Footage at issue captured by a body-worn-camera held not a "personnel record" within the meaning of §50-a of the Civil Rights Law

Freedom of information [FOIL] requests for information concerning health insurance plans

Freedom of information and speech

Freedom of Information in cases involving the termination of an employee – an advisory opinion

Freedom of Information requests

Freedom of Law only applies to public entities

Governor Cuomo signs Executive Order 8-149 providing for expediting the Freedom of Information Law appeals process

Home addresses of State employees and retirees may be excluded from disclosure in response to a FOIL request

If the custodian of a record demanded pursuant to the Freedom of Information Law refuses to provide the record, the custodian has the burden of showing that an exemption applies 

Misconduct off-duty and FOIL

Names of retired New York City police officers not available pursuant to a FOIL request

Neglecting to advise a party of the availability of an administrative appeal defeats a failure to exhaust administrative remedies defense

New York State's E-mail management and preservation policy

New York’s Freedom of Information Law does not permit the custodian of the records to routinely charge for employee time spent searching for documents responsive to a FOIL request

Objecting to producing certain documents demanded pursuant to a non-judicial subpoena duces tecum

Obtaining police personnel records pursuant to a Freedom of Information Law [FOIL] demand

Only a governmental not-for-profit corporation’s records is subject to FOIL

Police agency's records concerning breath alcohol measurement instruments may be obtained pursuant to a Freedom of Information Law request

Processing a Freedom of Information request

Processing Freedom of Information Law requests for disciplinary records of law enforcement personnel involving "unsubstantiated and unfounded complaints against an officer"

Providing the names and home addresses of employees of a private contractor to an employee organization to be determined by applying a “balancing test” to avoid an "unwarranted invasion" of privacy

Public Authority agrees to pay legal expenses incurred as a result of its not responding to a Freedom of Information request

Public benefit corporations are subject to the Open Meetings Law and the Freedom of Information Law as long as they remain public benefit corporations

Public employees personal E-mails exempt from disclosure from FOIL Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
 
Redacting certain content in a public record when responding to a Freedom of Information request

Redacting the name of the accused employee from the decision following a disciplinary hearing

Releasing the body camera footage recorded by equipment worn by a police officer

Remedying an inadvertent disclosure of records provided pursuant to a Freedom of Information Law request

Responding to a Freedom of Information Law request by neither confirming nor denying the existence of such information or data

Sanctions ordered after lawsuit filed pursuant to the Freedom of Information Law ruled frivolous

Seeking documents that the custodian of the records contends may be denied pursuant to one or more Freedom of Information Law “exemptions from disclosure”

Seeking information pursuant to a Freedom of Information [FOIL] request

Seeking public documents and records pursuant to New York State's Freedom of Information Law

Seeking public records the custodian contends are exempt from disclosure within the meaning of the Freedom of Information Law

Some guidelines to consider in determining the records to be delivered, in whole or in part, in responding to a Freedom of Information Law request

Some limitations to obtaining information pursuant to New York State's Freedom of Information Law

Standards used by courts in evaluating the denial of a Freedom of Information request for public records

State Senate required to provide employee payroll records in response to a Freedom of Information Law request

The “law enforcement exemption” in POL §87(2) (e) (iv) is not applicable to FOIL requests for documents that might result in administrative disciplinary action

The “personal records” exemption from disclosure set out in Civil Rights Law §50-a (1) applies to both active and former employees of the agency

The custodian of a public record must articulate particularized and specific justification for denying access to a record requested pursuant to the Freedom of Information Law

The custodian of public records demanded pursuant to a FOIL request electing to withhold some or all such records has the burden of demonstrating that the information requested falls within a statutory exemption

The custodian of the records has the burden of proving that information it withheld in responding to a FOIL request is within a FOIL exemption

The denial of a FOIL request by an entity subject to the Freedom of Information Law may not be based on the purpose for which the document or record was produced or the function to which it relates

The Freedom of Information Law does not require an agency to formulate a final determination in the event there is none in existence

The Freedom of Information Law typically does not require an entity to create records not in existence in order to satisfy a FOIL request

The government must honor its promise not to disclose the names of individuals asked to disclose certain information – at least for the present

Where disclosure is not barred by statute, claims of “unwarranted invasion of personal privacy" are resolved by a court weighing "privacy interests" against the public's interest in the information

Writ of mandamus to compel disclosure of records pursuant to FOIL