Relates to personally identifying information in municipal land use documents subject to FOIL
Summary
This bill amends the New York Freedom of Information Law (FOIL) exemption provisions in the Public Officers Law to add a new category of protected information for municipal land-use records. Specifically, it would allow agencies to withhold personally identifying information of private individuals contained in applications and supporting materials submitted to a municipal planning board, zoning board of appeals, or similar local land-use body when disclosure would be an unwarranted invasion of personal privacy or create a risk of fraud or identity theft.
The bill also makes clear that this new exemption cannot be used to redact information needed to understand the nature of the application or the basis for the local land-use body’s decision. In effect, it seeks to balance privacy and anti-fraud concerns against the public’s right to inspect land-use records under FOIL, and it would take effect immediately upon enactment.
Impact
If enacted, the bill would amend section 89 of the Public Officers Law, expanding FOIL’s list of categorical exemptions to cover certain personal information in municipal planning and zoning records. Local governments and land-use boards would gain authority to redact sensitive identifiers from applications and supporting documents, while still being required to disclose substantive information necessary to explain the application and the decision-making process. The practical effect would be to change how municipalities respond to FOIL requests involving land-use files and to provide additional privacy protection for applicants and other private individuals named in those records.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a targeted privacy and anti-fraud protection rather than a broad restriction on access to government records. The bill’s structure suggests an effort to preserve transparency in land-use decision-making while addressing concerns about identity theft and personal privacy. No formal voting history or transcript is available here to indicate broader legislative support or opposition.
Contention
The main point of contention is likely the balance between public access and privacy. Supporters would likely favor shielding private individuals’ names, addresses, contact details, and similar identifiers in land-use submissions from unnecessary disclosure, especially where such disclosure could facilitate fraud or identity theft. Opponents or transparency advocates may be concerned that expanding FOIL exemptions could make it harder for the public, neighbors, and watchdog groups to scrutinize municipal land-use decisions, although the bill attempts to limit that risk by prohibiting redaction of information needed to understand the application and the basis for the decision.
Establishes a private right of action for any person whose personally identifying information was intentionally disclosed by another individual, without consent, for the purpose of harassing, threatening, intimidating, or causing harm to such person, or with reckless disregard as to whether such disclosure would cause such harm; defines personal information.
Establishes a private right of action for any person whose personally identifying information was intentionally disclosed by another individual, without consent, for the purpose of harassing, threatening, intimidating, or causing harm to such person, or with reckless disregard as to whether such disclosure would cause such harm; defines personal information.
Requires a caller making a report of suspected child abuse or maltreatment to the central register to leave their name and contact information; prohibits the office of children and family services from releasing information identifying a person who made such a report.
Requires a caller making a report of suspected child abuse or maltreatment to the central register to leave their name and contact information; prohibits the office of children and family services from releasing information identifying a person who made such a report.
Requires agencies subject to FOIL requirements to promulgate rules and regulations regarding to whom a requestor may appeal a denial and how to request records from or appeal a denial; makes certain provisions relating to publication of contact information for FOIL requests and appeals.
Requires agencies subject to FOIL requirements to promulgate rules and regulations regarding to whom a requestor may appeal a denial and how to request records from or appeal a denial; makes certain provisions relating to publication of contact information for FOIL requests and appeals.