Wappingers Central School District - Records Pertaining to Network Breaches and Cyber Attacks from 2018 to Present

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

MuckRock News
DEPT MR 146407
263 Huntington Ave
Boston, MA 02115

Date: June 1, 2023

Wappingers Central School District
25 Corporate Park Drive
Hopewell Junction, NY 12533

Attn: FOIA Officer

Subject: Freedom of Information Act (FOIA) Request – Network Breaches and Cyber Attacks

Dear FOIA Officer,

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request access to and copies of all records held by the Wappingers Central School District pertaining to:

1. Any network breaches or cyber attacks that have occurred within your organization, including any records of unauthorized access, data theft, or system compromise from January 1, 2018, to the present.

2. Any internal investigations or reviews conducted in response to a suspected or confirmed network breach, including any reports, findings, or recommendations from the same timeframe.

3. Any incident response plans or policies in place to address network breaches, including any procedures for mitigating and remediating the effects of such incidents.

4. Any communications between your organization and affected individuals, customers, or partners regarding network breaches or incidents during the specified timeframe.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes. It is in the public interest, as the understanding of these incidents contributes significantly to the public's awareness of the safety measures in place in public schools.

If there are any fees for searching or copying these records, please inform me if the cost exceeds $200. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest.

I would prefer the request be filled electronically, by e-mail attachment if available, or CD-ROM/USB if not.

Thank you in advance for your commitment to open government. I look forward to your prompt response within twenty business days, as the statute requires.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: 1-845-748-0329

Enclosure: Fee Waiver Request Letter

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Jordan Lassiter

Subject: Appeal of FOIL Request Denial: Wappingers Central School District - Records Pertaining to Network Breaches and Cyber Attacks from 2018 to Present

Dear Ms. McDonough and Ms. Dainty,

I am writing to formally appeal the decision made in response to my New York Freedom of Information Law (FOIL) request dated June 1, 2023. In your reply, you indicated that the Wappingers Central School District is unable to provide any documents discoverable under the majority of this request.

Firstly, I would like to highlight the case law precedent set forth in Matter of Gould v. New York City Police Department, 89 N.Y.2d 267 (1996), where the New York State Court of Appeals held that an agency must "articulate a particularized and specific justification for denying access" to records under FOIL. I do not believe such a justification was adequately provided in your response.

Additionally, the case of Hanig v. State of New York Department of Motor Vehicles, 79 N.Y.2d 106 (1992) highlighted the public's "desirable right to access" government records, even when an agency might prefer such records to remain confidential. The public's right to information significantly contributes to their understanding and awareness of matters pertaining to public safety, such as those contained within my FOIL request.

Moreover, I would like to bring to your attention the ruling in Capital Newspapers v. Burns, 67 N.Y.2d 562 (1986), which underscored that the exemptions to disclosure must be narrowly construed, with the burden of proof resting on the agency to demonstrate that the requested documents indeed fall within the claimed exemption.

Considering these precedents, I ask you to reconsider the denial of my request. If some records or parts of records are indeed exempt from disclosure, please provide a 'per document' explanation of why each document or part thereof was considered exempt, including the specific statutory exemption being claimed.

Please review the specifics of my original request and ensure the requested information is in alignment with the provisions under FOIL and the relevant case law. I respectfully request your prompt response to this appeal.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: 1-845-748-0329