Provides for accessing records under the freedom of information law including notification procedures and the release of names of natural persons and residential addresses.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7796
SPONSOR: Kelles TITLE OF BILL:
An act to amend the public officers law, in relation to accessing
records under the freedom of information law
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to clarify certain provisions of the freedom
of information law.
SUMMARY OF PROVISIONS:
Sec. 1 - amends Subparagraph iii of paragraph (b) of subdivision 2 and
subdivision 3 of section 89 of the public officers' law to make various
technical and clarifying amendments.
Sec. 2 - effective date.
JUSTIFICATION:
There are two provisions of FOIL that state that an unwarranted invasion
of personal privacy includes the disclosure of a list of names and
addresses if a list would be used for solicitation or fundraising
purposes. The ability to deny access pertains to a list of natural
persons and their residential' addresses since the language includes
personal privacy. The exception should not apply to a list of vendors'
or others engaged in a business or professional activities.
Further, FOIL does not require an agency to create new records to
respond to a request. The principle is that FOIL pertains to existing
records and does not require that an agency create new records to
respond to a request.
Finally, there is a need to clarify the existing provisions relating to
the time In which an agency is required to respond to a FOIL request.
This bill addresses these technical considerations. The changes to FOIL
proposed by this bill were recommended by the Committee on Open Govern-
ment.
LEGISLATIVE HISTORY:
2023-24 A5613 Passed Assembly
2021-22: A7544
2019-20: A119A Passed Assembly
2017: A8255 reported to Assembly Rules; Referred to Senate Rules
2018: A8255 Passed the Assembly; advanced to 3rd Reading
2019: A119 Passed Assembly; advanced to 3rd reading In Senate
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
Immediately
