The Freedom of Information Law

The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public right to access records maintained by government agencies with certain exceptions.

“Record” means any information kept, held, filed, produced or reproduced by, with, or for this agency, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.

Please note that the Committee on Open Government is authorized to provide advice and opinions pertaining to FOIL. The Committee does not have custody or control over records generally. We cannot provide access to the records of other government agencies because this office does not possess them.

When seeking records under FOIL, a request should be made to the agency that maintains the records. Further, pursuant to regulations promulgated by the Committee on Open Government (21 NYCRR Part 1401), each agency must designate one or more persons as “records access officer.” The records access officer has the duty of coordinating an agency’s response to requests for records, and a request should ordinarily be directed to that person.

For more information about FOIL, please visit the New York State Committee on Open Government. The Committee on Open Government is responsible for overseeing implementation of the Freedom of Information Law, and offers insight into what records are accessible, as well as provides answers to Frequently Asked Questions.