New York
Freedom of Information Law
N.Y. Public Officers Law §§ 84-90
Transparency Score: 88/100
Response Timeline
5 business days for initial response (provide records, deny, or acknowledge). If acknowledged, must provide approximate date within 20 business days. If more time needed, must explain reason and give specific reasonable date. Constructive denial if no response within 5 business days.
How to Submit a Request
Accepted Methods
Email or portal?
The agency must accept a written request sent by ordinary means, including email, and may not reject it solely because it did not come through an online portal.
New York's Freedom of Information Law requires a written request that reasonably describes the records (Public Officers Law 89(3)(a)), and 89(3)(b) directs that all entities shall, provided such entity has reasonable means available, accept requests for records submitted in the form of electronic mail and shall respond to such requests by electronic mail. An agency that has the means to receive email must accept an emailed request, so it cannot compel requesters to use an online portal instead of email.
No controlling case law identified on the submission-channel question; the verdict rests on Public Officers Law 89(3)(b), which affirmatively requires agencies with reasonable means to accept email requests.
New York offers a statewide OpenFOIL NY portal and many agencies use portals, but the Committee on Open Government treats email as a channel agencies with the means must accept, consistent with 89(3)(b).
Last reviewed 2026-07-18.
Required Elements
- Requirement — Reasonable description of records sought
- Requirement — Requester contact information
Optional Elements
- Optional — Preferred format (paper or electronic)
- Optional — Request for email response (agency must comply if requested)
Fees
Fee Waivers
- notes
- nonprofit
- news_media
- public_interest
Exemptions
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Statutory ExemptionsRecords specifically exempted from disclosure by state or federal statute
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Privacy & Personal InformationRecords that would constitute an unwarranted invasion of personal privacy
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Trade Secrets & Commercial InformationTrade secrets, commercial or financial information obtained from a person
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Law Enforcement RecordsRecords compiled for law enforcement purposes that would interfere with investigations or proceedings
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SafetyRecords that would endanger the life or safety of any person
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ExaminationExamination questions or answers used to determine qualifications
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DeliberativeInter-agency or intra-agency materials not statistical or factual tabulations; instructions to staff affecting the public; final agency policy or determinations
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Public Safety & SecurityRecords that would jeopardize an agency's capacity to guarantee security of its information technology assets
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TechnicalComputer access codes, computer source code, or specifications of security equipment
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EnforcementPhotographs, microphotographs, or recorded images of traffic control monitoring by automated photo device systems
Appeal Process
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Request Templates
Records Retention
N.Y. Arts & Cult. Aff. Law 57.05, 57.25; Article 57-A
Article 57-A is the Local Government Records Law. The State Archives promulgates regulations governing retention and disposition. The consolidated LGS-1 schedule (effective 2021) replaced the previous CO-2, MU-1, MI-1, and ED-1 schedules. Online searchable database available.