Communication with Apple Inc. regarding Digital Driver's License

To Whom It May Concern:

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

New York Department of Motor Vehicles
Central Office
6 Empire State Plaza
Albany, NY 12228

Subject: Freedom of Information Law Request - Communication with Apple Inc. regarding Digital Driver's License

Dear Freedom of Information Officer,

I am writing to submit a formal request under the New York State Freedom of Information Law (FOIL), requesting access to records held by the New York Department of Motor Vehicles (NY DMV). Specifically, I am seeking information related to any communication between the NY DMV and Apple Inc. regarding the development, implementation, or management of the Digital Driver's License system in New York.

In accordance with FOIL, I request access to the following information within the specified timeframe:

Any written correspondence, including letters, emails, memoranda, and faxes, exchanged between the NY DMV and Apple Inc. regarding the Digital Driver's License system between January 1, 2019, and the date of processing this FOIL request.

Any meeting minutes, agendas, or summaries of meetings, including phone or video conferences, held between representatives of the NY DMV and Apple Inc. regarding the Digital Driver's License system during the same period specified above.

Any contracts, agreements, or memoranda of understanding entered into between the NY DMV and Apple Inc. regarding the development, implementation, or management of the Digital Driver's License system.

Any reports, presentations, or studies prepared by Apple Inc. or shared with the NY DMV pertaining to the Digital Driver's License system.

Any policies, guidelines, or directives issued by the NY DMV in relation to the use of Apple Inc.'s technology or services for the Digital Driver's License system.

To support this request, I would like to cite the following court cases that establish the legal basis for the release of such information under the Freedom of Information Law:

Matter of Encore College Bookstores, Inc. v. Auxiliary Service Corp. of the State University of New York, 87 N.Y.2d 410 (1995) - This case emphasizes the importance of openness and transparency in government operations and affirms the public's right to access records under FOIL.

Matter of Markowitz v. Serio, 11 N.Y.3d 43 (2008) - This case establishes that records held by government agencies, including correspondence and communications, are generally subject to disclosure under FOIL, unless exempted by specific statutory provisions.

I would like to explicitly state that I request that you do not withhold or redact any responsive documents without valid legal grounds. If any redactions are made, I kindly request that you provide an index of the redacted material with specific citations to the applicable exemptions under FOIL.

Furthermore, I request that you take appropriate measures to ensure the preservation of all responsive records. Please refrain from deleting, destroying, or altering any documents that fall within the scope of this request.

Please note that this request covers both electronic and physical records, regardless of format, including but not limited to paper documents, emails, attachments, text messages, and audio or video recordings.

If access to the requested records is denied or only partially granted, please cite the specific legal exemptions or reasons for withholding the information.

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

Department of Motor Vehicles
6 Empire State Plaza
Albany, NY 12228

Subject: Appeal of FOIL Request Denial - Reference Number: 2023-1326

Dear FOIL Appeals Officer,

I am writing to appeal the denial of my Freedom of Information Law (FOIL) request, which was assigned the reference number 2023-1326. I made this request to obtain information related to the Digital Driver's License system and the correspondence between the New York Department of Motor Vehicles (NY DMV) and Apple Inc., as well as other relevant records. I believe the denial of my request is not in accordance with federal and New York state law.

Firstly, regarding my request for "written correspondence, including letters, emails, memoranda, and faxes," it has been stated that I did not provide specific names or email addresses to be searched. However, it is important to note that agencies are obligated to make a reasonable effort to locate records based on the terms of a request, as outlined in Konigsburg v. Coughlin, 68 N.Y.2d 245 (N.Y. 1986). I would like to emphasize that my request was reasonably described, and it is within the NY DMV's duty to engage in a diligent search to locate the requested records.

Secondly, regarding my request for "Any contracts, agreements, or memoranda of understanding entered into between the NY DMV and Apple Inc. regarding the development, implementation, or management of the Digital Driver's License system," it has been stated that no responsive records were found after a diligent search. However, pursuant to Public Officers Law (POL) Section 89(3), I believe the NY DMV has a legal obligation to maintain and provide access to such records.

Furthermore, the remaining requests for "Any meeting minutes, agendas, or summaries of meetings, including phone or video conferences, held between representatives of the NY DMV and Apple Inc. regarding the Digital Driver's License system during the same period specified above, Any reports, presentations, or studies prepared by Apple Inc. or shared with the NY DMV pertaining to the Digital Driver's License system, and Any policies, guidelines, or directives issued by the NY DMV in relation to the use of Apple Inc.'s technology or services for the Digital Driver's License system" have also been denied. However, it is my understanding that a request reasonably describes records when the agency can locate and identify the records based on the terms of the request, as established in Konigsberg v. Coughlin, 68 NY 2d 245, 249 (1986). I firmly believe that my request falls within the parameters of a reasonable description and should be considered for release.

Based on the aforementioned federal and New York state laws, I kindly request that you reconsider the denial of my FOIL request and conduct a thorough review of the requested information. I believe that the requested records are of significant public interest and should be made accessible in accordance with the principles of transparency and accountability.

I have attached a copy of my original FOIL request for your reference. Please acknowledge receipt of this appeal letter, and I look forward to your prompt response. If you require any additional information or clarification, please do not hesitate to contact me using the provided contact details.

Thank you for your attention to this matter.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: +1 845-218-0299