New York Freedom of Information Law: How to Effectively Manage Public Records
In today’s era of digital communications, New York state and local government agencies must consider the complexity of managing required access to public record requests to stay compliant with New York’s Freedom of Information Law (FOIL).
Complying with these laws is essential for fostering public trust, maintaining integrity, and avoiding potential lawsuits for noncompliance.
What is the New York Freedom of Information Law?
The New York Freedom of Information Law is a series of laws designed to allow public access to government-related public records in New York state. A public record is defined by the New York FOIL Article 6.Section 87 as, “information kept, held, filed, or produced by, within, or for a government agency, including records within the state legislature, 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 discs, rules, regulations or codes”.
The law was expanded as digital records became the norm stating in FOIL Article 6.Section 89 that, “records maintained electronically are considered items of information available under this article.”
Why FOIL compliance matters
Understanding and complying with public records laws is essential to maintaining public trust. Compliance with the New York Freedom of Information Law ensures transparency and accountability. Failure to comply with requests for public records could lead to penalties and damage to your agency’s reputation.
According to the most recent Granicus Public Records Complexity Benchmark Report, public record requests jumped 136% between 2018 and 2024, while the quantity of response documents sent to requesters increased 179%.
New York government agencies and educational institutions rely on digital communications to collaborate and engage with employees and the community.
These communications are all considered public records. The Freedom of Information Law, Article 84 states, “All public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempted from disclosure." As communication methods have evolved, meeting these requirements has become more complex and time-consuming.
Beyond traditional documents, New York government agencies, like every state, must now consider best practices for the capture, storage, and production of what is considered public record, which should be readily available if requested from the public. Barring some exceptions public records include but are not limited to emails, collaboration tools messaging, text messages, social media platforms, and even person-to-person or digital voice conversations. As written in Section 8 Article 6 of the FOIL “The more open a government is with its citizenry, the greater the understanding and participation of the public in government.”
Exemptions of the Freedom of Information Law
Some records under New York state laws are considered exempt from public requests, such as:
- Disclosures resulting in unwarranted invasion of privacy or involving information that may impact competition between business enterprises
- Records that may include names of crime victims who must remain anonymous for their protection
- Some specific law enforcement records
- Certain inter/intra-agency materials not specifically named
Check out a New York Sample FOIA Request for an example of how to make a public request for records.
Effortlessly comply with public records requirements
As stated on the New York State Open Government website, government agencies must respond to public records requests within a “reasonable amount of time,” defined as five business days. If more time is needed to locate and review the records, the agency must acknowledge the receipt of the request in writing and indicate an approximate date by which the agency will respond. Usually within twenty days. Failure to comply with a reasonable public records request can result in unwanted court cases and potential penalties taken on a case-by-case basis.
Failure to follow the laws outlined by the state of New York regarding expectations for public records requests is not an option. State and local governments must prioritize transparency in sustaining the truth of relevant records that are considered public, and the complexity of managing larger amounts of records has become time-consuming and labor intensive. Avoiding potential pitfalls is critical to building public trust. By complying with public records laws, agencies show commitment to openness and accountability. This, in turn, enhances confidence and integrity with your constituents and stakeholders while building on your reputation’s credibility and growing trust with the public.
Smarsh is your trusted partner in records management
Smarsh offers more than a basic solution; we function as a trusted strategic partner, guiding you through the complexities of open records management. With the Smarsh platform, you can enjoy advanced data capture and archiving all in one place. Our comprehensive platform combines data capture, archiving, and advanced search capabilities, simplifying records management and ensuring your recordkeeping governance is easy to manage.
With our robust archive solutions, your records are stored securely and retrieved easily with smart search capabilities and fast retrieval of the right data at the right time, making public records request fulfillment an efficient and effective process.
Whether you’re a small local government office or a large educational institution, Smarsh solutions can be tailored to your specific needs. Our platform customization ensures seamless processes that suit the needs of your agency. Stay audit-ready with easily searchable, organized, and accessible recordkeeping.
Stay ahead of public record request searches
Ready to supercharge your public recordkeeping processes? Take your public records compliance to the next level with time-tested solutions that simplify governance of public records and responses to requests for organizations within the public sector in the great state of New York.
Professional Archive takes the complexity out of public records requests; see for yourself.
Share this post!
Scalable for organizations of all sizes, the Smarsh platform provides customers with compliance built on confidence. It enables them to strategically future-proof as new communication channels are adopted, and to realize more insight and value from the data in their archive. Customers strengthen their compliance and e-discovery initiatives and benefit from the productive use of email, social media, mobile/text messaging, instant messaging and collaboration, web, and voice channels.
Smarsh serves a global client base that spans the top banks in North America and Europe, along with leading brokerage firms, insurers, and registered investment advisors. Smarsh also enables state and local government agencies to meet their public records and e-discovery requirements. For more information, visit www.smarsh.com.
- California Public Records Act: What You Need to Know - March 17, 2025
- 3 Unexpected Benefits of a Communications Archive - March 13, 2025
- New York Freedom of Information Law: How to Effectively Manage Public Records - March 12, 2025
Smarsh Blog
Our internal subject matter experts and our network of external industry experts are featured with insights into the technology and industry trends that affect your electronic communications compliance initiatives. Sign up to benefit from their deep understanding, tips and best practices regarding how your company can manage compliance risk while unlocking the business value of your communications data.
FEATURED CONTENT
Ready to enable compliant productivity?
Join the 6,500+ customers using Smarsh to drive their business forward.
More Resources
Watch it Work
Contact Us
Chat
Subscribe to the Smarsh Blog Digest
Subscribe to receive a monthly digest of articles exploring regulatory updates, news, trends and best practices in electronic communications capture and archiving.
Smarsh handles information you submit to Smarsh in accordance with its Privacy Policy. By clicking "submit", you consent to Smarsh processing your information and storing it in accordance with the Privacy Policy and agree to receive communications from Smarsh and its third-party partners regarding products and services that may be of interest to you. You may withdraw your consent at any time by emailing privacy@smarsh.com.
FOLLOW US