The Freedom of Information Law (FOIL) ensures that the public has access to government records and that access is timely and not hindered by unreasonable delay. In an effort to facilitate faster access to records, Governor George Pataki signed into law on May 3, 2005 the requirement that entities granting a request for access to records under FOIL must release those records or specify the date the records will be released within twenty business days from the date that the entity acknowledged receipt of the request.

When an agency receives a request for records, it is still obligated to reply to the demand within five business days by making the records available, denying the request in writing or providing a written acknowledgement to the person making the request that it has received the demand. Additionally, the agency has to include a statement as to an approximate date when the request will be granted or denied — that date must be within reasonable limits depending on the circumstances of the request. The amended law now requires that agencies granting a request for records must release those records within 20 business days from the date the request was acknowledged. The amendment takes effect immediately.

Previously under FOIL, an entity was only required to respond within five business days that it received the request and pledge to have an answer within thirty to sixty days. However, Robert Freeman, the Director of the New York State Committee on Open Government, stated that some government agencies took an unreasonably long period of time to release the records. Since the objective of the Freedom of Information Law is to ensure timely access to government records, critics were claiming that governments can effectively hinder the law with delays.

If circumstances prevent the agency from disclosing the records within the 20 business day period, then the agency must state in writing to the person or organization making the request the reason for not being able to comply within the timeframe and provide a specific date, within a reasonable period, when the request will be granted in whole or in part. If an agency fails to conform to this provision, the failure will constitute a denial, and the person making the request can appeal.

If you have any questions regarding this alert, please contact the Harris Beach attorney with whom you usually work or James A. Spitz, Jr. at (800) 685-1429.

This legal alert provides brief analysis or comments on matters of Public Officers Law. This legal alert does not purport to be a substitute for advice of counsel on specific matters.