E-ZPass data requests, subpoenas, and policy

Conor Skelding filed this request with the Thruway Authority of New York.
Tracking # F14-0061
Status
Completed

Communications

From: Conor Skelding

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:

A copy of any and all law enforcement, legal, private investigative, and other formal and informal requests for E-ZPass and other toll collected data, as well as any logs kept of these requests and policies around handling these requests.

I also request copies of any agreements or Memorandums of Understanding for data sharing, in bulk or on a case-by-case basis, E-ZPass data with third-party law enforcement, other government agencies, and non-governmental groups.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Conor Skelding

From: Warner, Jill

Conor Skelding
MuckRock News
DEPT MR 10800
PO Box 55819
Boston, MA 02205-5819
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>

Re: FOIL Request No. F14-0061

Dear Mr. Skelding:

The Thruway Authority acknowledges receipt of your FOIL request dated March 16, 2014, seeking:

"A copy of any and all law enforcement, legal, private investigative, and other formal and informal requests for E-ZPass and other toll collected data, as well as any logs kept of these requests and policies around handling these requests."

You also request "copies of any agreements or Memorandums of Understanding for data sharing, in bulk or on a case-by-case basis, E-ZPass data with third-party law enforcement, other government agencies, and non-governmental groups."

Based on our review and with due regard for POL § 89(3)(a): If circumstances prevent disclosure to the person requesting the record or records within twenty business days from the date of the acknowledgement of the receipt of the request, the agency shall state, in writing, both the reason for the inability to grant the request within twenty business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. We anticipate providing a response to your request on or before May 19, 2014. Should we find that additional time is needed we will contact you prior to that date.

Regards,
Jill B. Warner

Jill Brennan Warner
Records Access & Management Officer
New York State Thruway Authority & Canal Corporation
200 Southern Boulevard
Albany, New York 12209
518-471-5995
518-433-4962
Jill.Warner@thruway.ny.gov
[Description: D:\Users\weiller\AppData\Local\Temp\XPgrpwise\IMAGE.jpg]

The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is confidential, privileged, and/or otherwise exempt from disclosure under applicable law. If this electronic message is from an attorney or someone in the Legal Department, it may also contain confidential attorney-client communications which may be privileged and protected from disclosure. If you are not the intended recipient, be advised that you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited. Please notify the New York State Thruway Authority immediately by either responding to this e-mail or calling (518) 436-2700, and destroy all copies of this message and any attachments.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Thruway Foil Requests

April 21, 2014

Conor Skelding
MuckRock News
DEPT MR 10800
PO Box 55819
Boston, MA 02205-5819
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>
Re: FOIL Request No. F14-0061

Dear Mr. Skelding:
This letter concerns your revised Freedom of Information Law (FOIL) request dated March 16, 2014 seeking:

"A copy of any and all law enforcement, legal, private investigative, and other formal and informal requests for E-ZPass and other toll collected data, as well as any logs kept of these requests and policies around handling these requests."

You also request "copies of any agreements or Memorandums of Understanding for data sharing, in bulk or on a case-by-case basis, E-ZPass data with third-party law enforcement, other government agencies, and non-governmental groups."

Staff continues to perform a diligent search for the records you request. I am in the process of identifying and collecting potentially responsive documents, and must complete a thorough review to ensure that the documents are responsive and not exempt from disclosure under NYS Public Officers Law § 87 (2). I will notify you in writing, on or before June 3, 2014, if the materials are available for release, or if additional time is needed.
Regards,
Jill Brennan Warner

Records Access Officer
New York State Thruway Authority
200 Southern Boulevard
Albany, New York 12209
518-471-5995
518-433-4962
ThruwayFOIL@thruway.ny.gov
[Description: D:\Users\weiller\AppData\Local\Temp\XPgrpwise\IMAGE.jpg]

The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is confidential, privileged, and/or otherwise exempt from disclosure under applicable law. If this electronic message is from an attorney or someone in the Legal Department, it may also contain confidential attorney-client communications which may be privileged and protected from disclosure. If you are not the intended recipient, be advised that you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited. Please notify the New York State Thruway Authority immediately by either responding to this e-mail or calling (518) 436-2700, and destroy all copies of this message and any attachments.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F14-0061.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F14-0061.

Thank you for your help.

From: Thruway Foil Requests

Dear Mr. Skelding:

Staff continues to perform a diligent search for the records you request. I am in the process of identifying and collecting potentially responsive documents, and must complete a thorough review to ensure that the documents are responsive and not exempt from disclosure under NYS Public Officers Law § 87 (2). I will notify you in writing, on or before June 3, 2014, if the materials are available for release, or if additional time is needed.
Regards,

Jill Brennan Warner

From: Thruway Foil Requests

June 3, 2014

Conor Skelding
MuckRock News
DEPT MR 10800
PO Box 55819
Boston, MA 02205-5819
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>
Re: FOIL Request No. F14-0061

Dear Mr. Skelding:
This letter concerns your revised Freedom of Information Law (FOIL) request dated March 16, 2014 seeking:

"A copy of any and all law enforcement, legal, private investigative, and other formal and informal requests for E-ZPass and other toll collected data, as well as any logs kept of these requests and policies around handling these requests."

You also request "copies of any agreements or Memorandums of Understanding for data sharing, in bulk or on a case-by-case basis, E-ZPass data with third-party law enforcement, other government agencies, and non-governmental groups."

Based on our continued review and with due regard for POL § 89 (3)(a), we anticipate providing a response to your request on or before July 30, 2014. Should we find that additional time is needed, we will contact you prior to that date.

I apologize for the continued delay. Thank you for your courtesy in this matter.

Regards,
Jill Brennan Warner

Jill Brennan Warner
Records Access & Management Officer
New York State Thruway Authority & Canal Corporation
200 Southern Boulevard
Albany, New York 12209
518-471-5995
518-433-4962
Jill.Warner@thruway.ny.gov
[Description: D:\Users\weiller\AppData\Local\Temp\XPgrpwise\IMAGE.jpg]

The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is confidential, privileged, and/or otherwise exempt from disclosure under applicable law. If this electronic message is from an attorney or someone in the Legal Department, it may also contain confidential attorney-client communications which may be privileged and protected from disclosure. If you are not the intended recipient, be advised that you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited. Please notify the New York State Thruway Authority immediately by either responding to this e-mail or calling (518) 436-2700, and destroy all copies of this message and any attachments.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F14-0061.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F14-0061.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F14-0061.

Thank you for your help.

From: Thruway Foil Requests

July 30, 2014

Conor Skelding
MuckRock News
DEPT MR 10800
PO Box 55819
Boston, MA 02205-5819
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>
Re: FOIL Request No. F14-0061

Dear Mr. Skelding:
This letter concerns your revised Freedom of Information Law (FOIL) request dated March 16, 2014 seeking:

"A copy of any and all law enforcement, legal, private investigative, and other formal and informal requests for E-ZPass and other toll collected data, as well as any logs kept of these requests and policies around handling these requests."

You also request "copies of any agreements or Memorandums of Understanding for data sharing, in bulk or on a case-by-case basis, E-ZPass data with third-party law enforcement, other government agencies, and non-governmental groups."

The review of the responsive records to determine whether any portions are exempt from disclosure began once all potentially responsive records had been assembled. Based on our continued review and with due regard for POL § 89(3)(a), we anticipate providing a response to your request on or before September 25, 2014.

I apologize for the continued delay. Thank you for your courtesy in this matter.

Regards,
Jill Brennan Warner

Records Access Officer
New York State Thruway Authority
200 Southern Boulevard
Albany, New York 12209
518-471-5995
518-433-4962 Fax
ThruwayFOIL@thruway.ny.gov
[Description: D:\Users\weiller\AppData\Local\Temp\XPgrpwise\IMAGE.jpg]

The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is confidential, privileged, and/or otherwise exempt from disclosure under applicable law. If this electronic message is from an attorney or someone in the Legal Department, it may also contain confidential attorney-client communications which may be privileged and protected from disclosure. If you are not the intended recipient, be advised that you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited. Please notify the New York State Thruway Authority immediately by either responding to this e-mail or calling (518) 436-2700, and destroy all copies of this message and any attachments.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F14-0061.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F14-0061.

Thank you for your help.

From: Thruway Foil Requests

September 25, 2014

Conor Skelding
MuckRock News
DEPT MR 10800
PO Box 55819
Boston, MA 02205-5819
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>

Re: FOIL Request No. F14-0061

Dear Mr. Skelding:

This letter concerns your revised Freedom of Information Law (FOIL) request, dated March 16, 2014, seeking:

"A copy of any and all law enforcement, legal, private investigative, and other formal and informal requests for E-ZPass and other toll collected data, as well as any logs kept of these requests and policies around handling these requests."

You also request "copies of any agreements or Memorandums of Understanding for data sharing, in bulk or on a case-by-case basis, E-ZPass data with third-party law enforcement, other government agencies, and non-governmental groups."

Based on our continued review and with due regard for POL § 89(3)(a), we anticipate providing a response to your request on or before October 24, 2014.

Thank you for your courtesy in this matter.

Regards,
Jill Brennan Warner
Records Access Officer

New York State Thruway Authority
200 Southern Boulevard
Albany, New York 12209
518-471-5995
518-433-4962
ThruwayFOIL@thruway.ny.gov

The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is confidential, privileged, and/or otherwise exempt from disclosure under applicable law. If this electronic message is from an attorney or someone in the Legal Department, it may also contain confidential attorney-client communications which may be privileged and protected from disclosure. If you are not the intended recipient, be advised that you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited. Please notify the New York State Thruway Authority immediately by either responding to this e-mail or calling (518) 436-2700, and destroy all copies of this message and any attachments.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 16, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #F14-0061.

Thank you for your help.

From: Thruway Foil Requests

October 27, 2014

Conor Skelding
MuckRock News
DEPT MR 10800
PO Box 55819
Boston, MA 02205-5819
Via Email: requests@muckrock.com<mailto:requests@muckrock.com>
Re: FOIL Request No. F14-0061

Dear Mr. Skelding:
This letter concerns your revised Freedom of Information Law (FOIL) request, dated March 16, 2014, seeking:

"A copy of any and all law enforcement, legal, private investigative, and other formal and informal requests for E-ZPass and other toll collected data, as well as any logs kept of these requests and policies around handling these requests."

You also request "copies of any agreements or Memorandums of Understanding for data sharing, in bulk or on a case-by-case basis, E-ZPass data with third-party law enforcement, other government agencies, and non-governmental groups."

We have performed a diligent search for the records you request and have located eight (8) responsive records. The documents are being provided to you electronically.

In response to your request for a copy of any and all law enforcement, legal and private investigative requests for E-ZPass and other toll collected data, as well as any logs kept of these requests, we have provided redacted logs dating back to 2011, pursuant to the Authority's records retention schedule. If, after your review of these logs, you seek more information with regard to specific requests please submit your request for those records in writing. You should be advised that the records associated with these logs would be subject to redaction under Public Officers Law §87(2)(a) as the information is "specifically exempted from disclosure by state or federal statute" [Including, but not limited, to Rule 6(e) of the Federal Rules of Criminal Procedure and NYS Criminal Procedure Law Sect. 190.25(4)(a), which establish rules for grand jury secrecy]; §87(2)(b) if disclosure "would constitute an unwarranted invasion of personal privacy;" and §87(2)(e) if the information is "compiled for law enforcement purposes and which, if disclosed, would: i. interfere with law enforcement investigations or judicial proceedings; ii. deprive a person of a right to a fair trial or impartial adjudication; iii. identify a confidential source or disclose confidential information relating to a criminal investigation; or iv. reveal criminal investigative techniques or procedures, except routine techniques and procedures." Please respond to the Authority by November 26, 2014 if you wish to obtain copies of specific subpoenas. If we do not hear from you by this date, this portion of your request will be considered closed.

We are unable to process your request for "other formal and informal requests for E-ZPass and other toll collected data" at this time because the description provided is insufficient for purposes of locating and identifying Authority records and as such is not reasonably described under §89(3) of the Public Officers Law. We require more specific and detailed information that would permit us to identify the documents you seek. You may clarify your request in writing to me by email at: thruwayfoil@thruway.ny.gov<mailto:thruwayfoil@thruway.ny.gov>. Once we receive this additional information, we will continue our search for records that respond to your request. If you decide not to clarify your request by November 26, 2014 we will consider this portion of your request withdrawn and will close the file.

Please be advised that certain information has been redacted pursuant to Public Officers Law §87(2)(a) as the information is "specifically exempted from disclosure by state or federal statute" [Including, but not limited, to Rule 6(e) of the Federal Rules of Criminal Procedure and NYS Criminal Procedure Law Sect. 190.25(4)(a), which establish rules for grand jury secrecy]; §87(2)(b) which, if disclosed, "would constitute an unwarranted invasion of personal privacy;" §87(2)(d) which, if disclosed, "could cause substantial injury to the competitive position of subject enterprise;" §87(2)(e) which, is "compiled for law enforcement purposes and which, if disclosed, would: i. interfere with law enforcement investigations or judicial proceedings; ii. deprive a person of a right to a fair trial or impartial adjudication; iii. identify a confidential source or disclose confidential information relating to a criminal investigation; or iv. reveal criminal investigative techniques or procedures, except routine techniques and procedures;" and §87(2)(i) which, if disclosed, "would jeopardize the capacity of an agency or an entity that has shared information with an agency to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures."

Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to make a written appeal of this determination. Appeals should be made in writing and sent to:

FOIL Appeals Officer
New York State Thruway Authority
Legal Department
P.O. Box 189
200 Southern Boulevard
Albany, New York 12201-0189

Regards,
Jill B. Warner
Records Access Officer

New York State Thruway Authority
200 Southern Boulevard
Albany, New York 12209
518-471-5995
518-433-4962 (fax)
ThruwayFOIL@thruway.ny.gov

The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is confidential, privileged, and/or otherwise exempt from disclosure under applicable law. If this electronic message is from an attorney or someone in the Legal Department, it may also contain confidential attorney-client communications which may be privileged and protected from disclosure. If you are not the intended recipient, be advised that you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited. Please notify the New York State Thruway Authority immediately by either responding to this e-mail or calling (518) 436-2700, and destroy all copies of this message and any attachments.

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