Public Records in New York

New York's Freedom of Information Law is one of the most well-known and frequently utilized public records laws in the United States. FOIL applies to all state and local government agencies and provides broad access to government records. The law is administered with guidance from the Committee on Open Government, which issues advisory opinions and provides training to agencies and the public. Given New York's enormous government apparatus spanning state agencies, 62 counties, New York City's five boroughs, and thousands of other local entities, FOIL plays a critical role in government accountability.

To request records under FOIL, submit a written request to the records access officer at the relevant government agency. Each agency must designate a records access officer and publish procedures for accessing records. Agencies must respond within five business days by either providing the records, denying the request, or acknowledging the request and providing an approximate date for completion. If your request is denied, you can file an administrative appeal within 30 days. If the appeal is denied, you can file an Article 78 proceeding in court. The Committee on Open Government provides free guidance on records access issues.

Online Access

New York courts provide extensive online access through eCourts and WebCivil Supreme. County clerk offices maintain online property records systems. The Department of State provides business entity searches.

While the New York Freedom of Information Law (FOIL) establishes a strong presumption that government records are open to public inspection, certain categories of information are exempt from disclosure. Understanding these exemptions is important when submitting records requests in New York.

• Records compiled for law enforcement purposes where disclosure would interfere
• Records that if disclosed would constitute an unwarranted invasion of personal privacy
• Inter-agency and intra-agency materials that are deliberative in nature
• Trade secrets and proprietary commercial data
• Records exempted by federal or other state statute
• Examination questions and answer sheets prior to administration

If you believe records have been improperly withheld, New York provides avenues for appeal. Contact the relevant oversight body or consult our guide to filing public records requests for tips on handling denials.

New York's Freedom of Information Law is codified in New York Public Officers Law Article 6, Sections 84-90. The law establishes that government is the public's business and that the public has a right to know. The Committee on Open Government, housed in the Department of State, issues advisory opinions and provides training. FOIL was amended in 2008 to establish a five-business-day response deadline and in 2017 to address electronic records. The law includes a fee provision limiting charges to 25 cents per photocopy.