Law Enforcement FOIL

The Freedom of Information Law (FOIL) of New York State is codified as article 6 of the Public Officers Law. The Legislature declared, in passing FOIL, that “The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society.” Law enforcement records are subject to FOIL, with exceptions as noted in Public Officers Law § 87. FOIL requests for police records, particularly those seeking disciplinary records once shielded from disclosure by the now-repealed section 50-a of the Civil Rights Act, are an important part of efforts to evaluate and challenge current policing practice. This page is intended to assist lawyers and others who want to access information about law enforcement by using FOIL. See also our Law Enforcement Disciplinary Records page.

New York's Freedom of Information Law:

New York Department of State, Committee on Open Government

• Your Right to Know
• Explanation of Time Limits for Response
• FAQ - Freedom of Information Law
• FOIL AO 19775 (July 27, 2020)

NYSAC Webinar: Understanding State Law Reforms: What Does the 50-a Repeal Mean for Your County Government? (July 15, 2020)

• Webinar Recording
  
• FOIL Check List

New York State Archives, Records Retention and Disposition Schedules

• State Agencies: General Retention and Disposition Schedule for New York State Government Records (Effective September 1, 2016)
• Local Governments: LGS-1. This schedule is in effect as of April 1, 2022.

Law Enforcement Disciplinary Records FOIL

• MuckRock's Freedom of Information Law Project
  • MuckRock, Six months after the repeal of 50-a, NY police continue to combat the release of disciplinary records (December 22, 2020)
  • The Journal of Civic Information, Out from the Curtains of Secrecy: Private University Police and State Open Records Laws (October 2020)
  • MuckRock, FOIA 101: Tips and Tricks to Make You a Transparency Master
  • MuckRock, New York repealed Section 50-a last week. Now it's time to get the records. (June 16, 2020)
  • MuckRock, New York Officer Misconduct and Disciplinary Materials: Requests in response to the repeal of Section 50-a
• NYCLU Statewide Police Misconduct Transparency Campaign

Other Resources

• Reporters Committee for Freedom of the Press, New York: Open Government Guide
• MuckRock, New York Public Records Guide
• University at Buffalo, Clinical Legal Education, School of Law, New York’s Freedom of Information Law (FOIL): A Short Guide (April 2019)
• Columbia Human Rights Law Review, A Jailhouse Lawyers Manual, Chapter 7: Freedom of Information (12th ed) [Note legal disclaimer, here.]

• New York Public Personnel Law - Summaries of selected court and administrative decisions and related matters affecting public employers and employees in New York State and summaries of selected Freedom of Information Law [FOIL] court and administrative rulings.