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New York Legislature Clarifies Availability of Electronic Media Through FOIL

By Steven Silverberg and Katherine Zalantis

The Legislature has clarified a long contentious issue over the availability of electronic media under the New York Freedom of Information Law (FOIL). In Chapter 223 of the 2008 legislative session, which became law on July 7, 2008, the Legislature expanded FOIL to include electronic data that must be complied by government agencies. The new law requires government agencies and municipalities to ?provide records in the medium requested by a person, if the agency can reasonably make such copy or have such copy made by engaging an outside professional service.? The law also allows the agency to charge back the cost of the storage media, the actual cost of an outside service to retrieve the data or in some instances at least part of the salary of the person doing the retrieval...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on August 06, 2008 (boomark / email).