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Documents : Sample FOIL Requests
Requesting Personal Information Under FOIL
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FOIL exempts from disclosure records which, "if disclosed would constitute an unwarranted invasion of personal privacy . . . ." Public Officers Law § 87[2](b). Examples of "unwarranted invasion of personal privacy" are found in Public Officers Law § 89[2](b).
To protect against an "unwarranted invasion of personal privacy," agencies must redact personal information before disclosing records. However, non-redacted records must be disclosed if the person identified in the records is the one who is making the FOIL request or who has authorized the disclosure of such records to a third party, such as a representative or other advocate.
New York State's Personal Privacy Protection Law (PPPL) governs the release and protection of records in a state agency's possession which contain personal information. See http://onlineresources.wnylc.net/FairHearingResources/showfaq.asp?fldAuto=17
The PPPL does not cover local agencies, such as the county Department of Social Services (DSS) or the New York City Human Resources Administration (HRA). However, you can make a FOIL request for non-redacted copies of records which contain personal information if your FOIL request is accompanied by a notarized authorization of disclosure from the individual whose personal information is sought. See http://onlineresources.wnylc.net/FairHearingResources/showquestion.asp?faq=17&fldAuto=275.
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Created: 7/5/2008
Updated: 7/6/2008
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