Cyber Security Advisory Board

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

- all meeting minutes of the Cyber Security Advisory Board, first announced and created in 2013 (https://www.governor.ny.gov/news/governor-cuomo-announces-cyber-security-advisory-board), since May 1, 2013.
- all reports, findings, and memoranda submitted to the Governor by the Cyber Security Advisory Board since May 1, 2013.

Please also note that statistical or factual tabulations or data; instructions to staff that affect the public; and final agency policy or determinations cannot be withheld from the public under Section 87(2)(g) of Public Officers Law, Article 6.

If my request is too broad or does not adequately describe the Records, please contact me so that I may clarify my request, and when appropriate inform me of the manner in which Records are filed, retrieved or generated.

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,

Luke Stoddard Nathan

Dear FOIL Appeals Officer,

I write to formally appeal the denial of access regarding my Freedom of Information Law ("FOIL") request, initially submitted via email on July 5, 2017. The records denied include:

- all meeting minutes of the Cyber Security Advisory Board, first announced and created in 2013 (https://www.governor.ny.gov/news/governor-cuomo-announces-cyber-security-advisory-board), since May 1, 2013.
- all reports, findings, and memoranda submitted to the Governor by the Cyber Security Advisory Board since May 1, 2013.

On September 28, 2017, the Records Access Officer ("RAO") provided 12 pages of responsive Records, but withheld an undisclosed number of "certain" Records pursuant to section 87(2)(g) of FOIL.

First, according to the Committee on Open Government, FOIL is "based on a presumption of access and [requires] that agency records be disclosed, unless an exception to rights of access enables an agency to withhold records or portions of records." Further, the "state’s highest court [has] asserted time and again that the exceptions to rights of access must be 'narrowly construed.'"

Second, the RAO has not itemized or described the Records withheld pursuant to section 87(2)(g) of FOIL beyond asserting that "they are 'inter-agency or intra-agency materials which are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits.'"

I am therefore constrained, due to this limited descriptiveness and FOIL's presumption of access, to believe my request was wrongly denied. Please release all records responsive to my request.

As required by FOIL, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial *fully* in writing as required by law.

In addition, please be advised that FOIL directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, 41 State Street, Albany, New York 12231.

Sincerely,
Luke Stoddard Nathan

Hello, I don’t seem to have received a response to my written administrative appeal (re: Cyber Security Advisory Board-related records), which was sent via snail mail on October 10. Can you please apprise me of the status of the appeal determination? Thank you.

Please let me know about the status of this administrative appeal? I just tried calling the number listed here (https://www.governor.ny.gov/freedom-information-law-foil-requests) but the number seems not to be in service. I am patient but just want to make sure it was received/is being/has been processed. Thank you.

Just called (~10:51 A.M.) (518) 408-2303 and left a voice message concerning the status of this appeal. You can reach me at 518-382-3884 ext. 604. Thank you.