Freedom of Information Law (FOIL) | OTDA (2024)

OTDA Home FOIL Requests

Overview

The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public right to access to 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.

If you would like YOUR records from this agency, you may not have to file a FOIL request. Find out more.

Request Records

Use the online form

SUBMIT A FOIL REQUEST

Mail a written request to:

Records Access Officer
New York State Office of Temporary and Disability Assistance
40 North Pearl, 16th floor
Albany, NY 12243

E-mail a written request to:

nyspio@otda.ny.gov

Fax a written request to: 518-486-6935

Submit a written request for records in person:

New York State Office of Temporary and Disability Assistance
40 North Pearl Street
Albany, NY 12243
Between: 8:30 AM and 5:00 PM, on business days

Upon entering the main entrance of the building, advise Security Staff that you would like to request records. Security Staff will contact the Records Access Office, and a staff member will provide assistance. Please be advised records require review prior to disclosure. As a result, documents and records will not be immediately available.

FOIL Process

Within five business days of the receipt of a written request for a record reasonably described, we will send you a letter either: making such record available; denying such request in writing; or furnishing a written acknowledgment of the receipt of such request. If you have not received a letter within five business days, please contact us at 518-474-9516 or nyspio@otda.ny.gov.

An acknowledgment letter will provide you with an estimate of when the records you request will be available, which shall be reasonable under the circ*mstances of the request. This date is determined by the number of documents you request, their format, their availability, the time it takes to redact any information that cannot be disclosed pursuant to FOIL, the time it takes to assemble the documents, and other factors.

If the records you request require a fee to be paid, you will be notified prior to the records being released to you. Unless a different fee is otherwise prescribed by statute, Public Officers Law §87(1) authorizes an agency to charge a fee of 25¢ per copy for copies of records up 9”x 14”, or the actual cost of reproducing a record. In determining the actual cost of producing a record, an agency may include only:

  • an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare the requested record(s), if at least two hours of agency employee time is needed to prepare a copy of the record requested;
  • the actual cost of the storage devices or media provided to the person making the request in complying with such request; and
  • the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency's information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy.

Once the requested records are prepared, you may receive the records via email, fax, paper, CD/DVD, or USB. Records are available for inspection, by appointment, on business days between 8:30 AM and 5:00 PM at the Records Access Office, 40 North Pearl Street, Albany, NY 12243. You may schedule an appointment for in-person inspection of records by calling 518-474-9516.

Right to Appeal

Under provisions of the Public Officers Law you may appeal a FOIL determination. If you desire to submit such an appeal, you must do so within 30 days of the written response to your FOIL request. Please include a copy of the original request for records and a copy of the FOIL response letter you received along with your appeal letter to:

Records Appeal Officer

New York State Office of Temporary and Disability Assistance
40 North Pearl, 16th floor
Albany, NY 12243

You will be informed in writing of the decision within ten business days of our receipt of such an appeal. Please indicate the FOIL Request Number when corresponding on this subject.

Subject Matter List

The following is a current list of records, by subject matter, that are maintained by this agency. Some of the listed records may be exempt from disclosure pursuant to the Freedom of Information Law.

View Subject Matter List

Helpful Tips

For more information about FOIL, please visit the New York State Committee on Open Government’s website.

When submitting a FOIL request:

  • Be as specific as possible in describing the requested records. Include relevant dates, names, descriptions, etc.
  • Specify whether you would like to inspect the records or have copies of the records sent to you.
  • If records are available, specify how you want them sent, i.e., via US mail, e-mail or fax. We may choose to send the records by U.S. mail, if you have requested a large volume of records, for security or other important reasons. We will notify you of any charge for reproducing such records before they are sent to you.
  • Include your e-mail, mailing address and fax number, as well as a telephone number where you can be reached during business hours, if it is necessary to clarify your request.
  • Please note that the agency is not required to create a new record in response to FOIL requests.
Freedom of Information Law (FOIL) | OTDA (2024)

FAQs

What is the foil of freedom of information? ›

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

How long does it take for foil response? ›

When an agency receives a request, §89(3)(a) of the Freedom of Information Law states that it has five business days to grant or deny access in whole or in part, or if more time is needed, to acknowledge the receipt of the request in writing and indicate an approximate date by which the agency will respond to the ...

What records are exempt from foil in NY? ›

The statute exempts the following records from disclosure: (1) those exempt from disclosure by state or federal statute; (2) those which if disclosed would constitute an unwarranted invasion of privacy; (3) those which if disclosed would impair contract awards or collective bargaining negotiations; (4) those containing ...

How do I appeal a foil denial in NY? ›

Right to Appeal

If you desire to submit such an appeal, you must do so within 30 days of the written response to your FOIL request. Please include a copy of the original request for records and a copy of the FOIL response letter you received along with your appeal letter.

How to write a FOIL request? ›

A request for records must be in writing, detailing the type, subject matter and date(s) of the records requested. Describe the records you are seeking as specifically as possible, including as much of the following as possible: The title(s) of documents. Dates.

What is the difference between foia and FOIL? ›

The FOIA is a federal statute which governs federal records, i.e. those maintained on behalf of a federal agency. FOIL is the equivalent New York State Law. Every government employee plays a vital role with regard to release of information to the public.

What happens if a FOIA request is ignored? ›

There are several things that can happen if you or your organization fail to properly comply with a FOIA request: Personal and Agency Litigation – Failure to comply with a FOIA request can result in a lawsuit being filed against you or your agency to compel the release of the requested information.

How long does it take for a freedom of information request? ›

Section 10 specifies that you must comply promptly, and no later than 20 working days following the date of receipt of the request. The Information Commissioner interprets this to mean that 'day 1' is the first working day after the request has been received.

Why is my FOIA request taking so long? ›

Under the FOIA, a component may extend the response time for an additional ten business days when: (1) the component needs to collect responsive records from field offices; (2) the request involves a "voluminous" amount of records which must be located, compiled, and reviewed; or (3) the component must consult with ...

What are the FOIL rules in New York? ›

Article 6 of the New York State Public Officers Law, also known as the Freedom of Information Law (FOIL), allows members of the public to obtain records of state and local government.

Is it illegal to record someone without their knowledge in New York? ›

New York is a “one-party consent” state, which means that you can record conversations if you are physically in the state and are taking part in the conversation, or if you have permission from one of the parties in the conversation. This applies to both phone calls and in-person conversations.

How do I request a FOIL in NYS? ›

How to Request Office of the State Comptroller (OSC) Records Under FOIL
  1. Email: FOIL@osc.ny.gov.
  2. Mail: Records Access Office. ...
  3. Fax: 518-473-8940.
  4. In Person: Written requests may be submitted in person at OSC's main office at 110 State Street in Albany, New York, between 9:00 a.m. and 5:00 p.m. on weekdays.

How long do you have to respond to a foil request in NY? ›

The agency has 5 days to acknowledge your FOIL request. At that point, the agency is required either to grant or deny your request or to give you a specific date in the future when they will decide whether to grant or deny it.

What is the foil statute in NY? ›

New York State's Freedom of Information Law (generally referred to as “FOIL”) entitles the public to access state and local government records. Any member of the public can request a government agency's records. You do not need a lawyer to file a FOIL request or to receive records from a government agency.

What is the freedom of information law in NY? ›

The New York Freedom of Information Law is a series of laws designed to guarantee that the public has access to public records of governmental bodies in New York. New York's first such law was passed in 1974 but that law was repealed and replaced in 1977 with a significantly changed law.

What does FOIL stand for in law? ›

The Freedom of Information Law (Public Officers Law, Article 6) (FOIL) grants members of the public access to the records of government in accordance with its provisions.

What is the acronym FOIL? ›

FOIL is an acronym indicating multiplying terms in a binomial in a specific order, the first terms, the outer terms, the inner terms, and. the last terms.

What is under freedom of information? ›

Freedom of information: an introduction

Under the Freedom of Information (FoI) Act, anyone can request (and, subject to certain exemptions, receive) information held by a public authority.

What is it to be foiled? ›

/fɔɪl/ to prevent someone or something from being successful: The prisoners' attempt to escape was foiled at the last minute when police received a tip-off. Synonym. thwart.

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