Most states have laws—statutes that are sometimes referred to as Acts—that make most government records open to the public. These laws are similar to the federal Freedom of Information Act (FOIA) and are often known as open records acts or public information acts.
These public information or open records acts provide a mechanism for citizens to inspect or copy government records—and provide the governmental bodies from whom the records are requested with the right to withhold government records from the public in certain instances.
Public information or open records acts generally require a governmental entity to release information in response to a request for information. But if a governmental entity determines the information is excepted from disclosure under the law, then both the request and the information at issue must be reviewed by another governmental division. The reviewing division will issue a decision on whether the governmental entity is permitted to withhold the requested information or must release the information to the requestor (often a citizen or member of the media).
These public information or open records laws vary from state to state and are usually located in a state’s statutes.
In New York, the state's version of the FOIA is known as the Freedom of Information Law (FOIL). This law allows members of the public to access records of governmental agencies, with certain exceptions. FOIL is codified in the Public Officers Law, sections 84 through 90. Under FOIL, agencies are required to make records available for inspection and copying unless these records fall under specific exemptions, such as those that would invade personal privacy, endanger the life or safety of any person, or impair contract awards or collective bargaining negotiations. When a request is made, the agency has five business days to acknowledge receipt of the request and twenty business days to comply by providing access to or copies of the records, denying access, or providing a reason for a delay. If a request is denied, the applicant may appeal the decision to the head of the agency, and if the appeal is denied, the applicant may challenge the denial in court. Additionally, New York State has an Open Meetings Law, which provides the public with the right to attend meetings of public bodies.