For Immediate Release
S.T.O.P. Report Details Systematic Failures of NY Open Records Law
(New York, NY, 5/22/25) - Today, the Surveillance Technology Oversight Project (S.T.O.P.), a New York-based privacy and civil rights group, released Failures of FOIL: New York’s Open Records System Needs Reform, a research report detailing the systematic failures of New York’s Freedom of Information Law (FOIL). Rather than promoting transparency, New York’s open records law has become a law of discretion rather than obligation, governed by vague timelines, nonbinding oversight, and an appeals process that favors the agencies it was designed to hold accountable.
SEE: S.T.O.P. Report – Failures of FOIL: New York’s Open Records System Needs Reform
https://www.stopspying.org/foil-failures
“New York’s Freedom of Information Law allows New Yorkers to know what our state and local governments are doing – for us, to us, and with our tax dollars – by requiring agencies to make their emails and other documents open to public inspection,” said Surveillance Technology Oversight Project Legal Director David Siffert. “But it’s broken. Agencies delay in responding for months or years, withhold critical records without explanation, and rubber stamp their own decisions on appeal. Challenging agencies in court is so expensive and time-consuming that it is not a practical option for most requestors. Other states do better, and New York can too. We need legislative change to restore government transparency and faith in our institutions.”
SEE: Syracuse.com - NY government transparency shouldn’t cost so much
https://www.syracuse.com/opinion/2025/05/ny-government-transparency-shouldnt-cost-so-much-guest-opinion-by-elena-kuran.html
Key Findings Include:
- New York’s open records system systemically obstructs record seekers. Journalists don’t get the records they need to root out corruption; taxpayer watchdogs can’t scrutinize government spending; and the public can’t find out what their governments are doing.
- State and local agencies routinely frustrate Freedom of Information Law (“FOIL”) requests by delaying excessively, by redacting records to the point of uselessness, and by claiming, groundlessly, that records are exempt from disclosure.
- Agencies face few consequences, because New Yorkers have little recourse when agencies block their requests. Agencies themselves decide first-round appeals; the state’s FOIL oversight body lacks any enforcement power; and the secondary appeals process is prohibitively costly and time-consuming.
- Unlike states such as Pennsylvania and Florida, which have implemented reforms such as binding oversight, consistent exemption interpretations, independent appeals, and enforceable timelines, New York lacks meaningful implementation mechanisms and continues to fall behind national transparency standards.
- Legislators must set enforceable deadlines for agencies, require agencies to report their reasons for denying records requests, require agencies to track their handling of FOIL requests, establish an independent appeals board and an empowered FOIL oversight committee, and shift the financial burden of appeals onto agencies that obstruct transparency.
The report comes after the New York State Assembly passed the FOIL Reporting Act and FOIL Commercial Exemption Act, and after the New York State Senate advanced the FOIL Commercial Exemption Act and FOIL Attorney’s Fees Act through committee. S.T.O.P. applauded the advances of these much-needed FOIL reform bills and called on the state legislature to finalize their passage this session. In March, S.T.O.P. joined fellow advocates in sending a letter to New York State Senate and Assembly leadership urging them to strengthen New York’s Freedom of Information Law by passing a package of four bills, including the three previously mentioned. The groups also rallied in Albany with legislators to highlight how the bills increase government transparency.
SEE: New York State Senate – FOIL Reporting Act
https://www.nysenate.gov/legislation/bills/2025/S452
New York State Senate – FOIL Commercial Exemption Act
https://www.nysenate.gov/legislation/bills/2025/S5000
New York State Senate – FOIL Attorney’s Fees Act
https://www.nysenate.gov/legislation/bills/2025/S1418/amendment/A
Press Release - For Sunshine Week, Transparency Groups Urge Passage of Four Bills Strengthening Freedom of Information Law
https://www.stopspying.org/latest-news/2025/3/18/for-sunshine-week-transparency-groups-urge-passage-of-four-bills-strengthening-freedom-of-information-law
The Surveillance Technology Oversight Project is a non-profit advocacy organization and legal services provider. S.T.O.P. litigates and advocates for privacy, fighting excessive local and state-level surveillance. Our work highlights the discriminatory impact of surveillance on Muslim Americans, immigrants, and communities of color.
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