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Court of Appeals Finds Release of Names Exempt From FOIL

By Steven Silverberg and Katherine Zalantis

The Court of Appeals reversed the Appellate Division and denied access, under the Freedom of Information Law (FOIL), to the names of teachers working at a charter school. In Matter of New York State United Teachers v. Brighter Choice Charter School, the Court of Appeals, after noting that charter schools are subject to FOIL, concluded that the release of the names of teachers would be an unwarranted invasion of privacy. The school had already agreed to release the titles and salaries of teachers but objected to the original request for names and addresses. Subsequently, the Union modified the request and asked only for the names but not the addresses. The Court noted "an entity subject to FOIL may deny access to records that "if disclosed would constitute an unwarranted invasion of personal privacy," which, as relevant here, includes the "sale or release of lists of names and addresses if such lists would be used for commercial or fund-raising purposes" (Public Officers Law § 89 [2][b][iii])...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on November 29, 2010 (boomark / email).