FOIL Request for Data Supporting COVID-19 Vaccine Efficacy for Holiday Season Health Protection

To Whom It May Concern:

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

I am requesting access to records that support the statement made by State Health Commissioner Dr. James McDonald, as reported on December 6, 2023, in Spectrum Local News: “If you don’t want to be sick for the holidays, grab the COVID vaccine.” Specifically, I am interested in:

1. Any statistical data, studies, or reports from January 1, 2023, to December 6, 2023, demonstrating the effectiveness of the COVID-19 vaccine in preventing illness during the 2023 holiday season.
2. Information regarding the timeline for COVID-19 vaccine effectiveness, particularly in relation to the period between vaccination and development of immunity, in the context of the holiday season.
3. Comparative analysis of COVID-19 infection rates, hospitalizations, and fatality rates among vaccinated versus unvaccinated populations in New York State during the 2023 holiday season.

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,

Jackson Parker

David Harvey, Esq.
Records Access Officer
Empire State Plaza, Corning Tower
Albany, NY 12237
health.ny.gov

Re: FOIL Request Acknowledgment (FOIL #: 23-12-146)

Dear Mr. Harvey,

I am writing in response to your acknowledgment letter dated December 12, 2023, regarding my Freedom of Information Law (FOIL) request (FOIL #: 23-12-146) for data supporting COVID-19 vaccine efficacy for holiday season health protection.

I appreciate your request for additional information to assist in identifying records responsive to my request. In this regard, I would like to point out that my request specifically referenced a quote from Dr. James McDonald, Commissioner of Health. Therefore, I suggest beginning the search for responsive documents with Dr. McDonald and his office, including any communications and materials presented to him regarding the efficacy of COVID-19 vaccines.

Furthermore, it is crucial to include records from external parties who have provided information to the Health Commissioner that influenced his public health recommendations. This includes, but is not limited to, data or studies that support the assertion that vaccination can prevent individuals from being “sick for the holidays,” especially considering the biological variability among individuals and the time required to develop immunity.

Given the public interest in understanding the basis for health recommendations made by state officials, I urge a thorough and expedient review of relevant documents. Please consider this letter as a clarification to my initial FOIL request, focusing on Dr. McDonald’s office and related external communications.

Thank you for your attention to this matter. I look forward to your response and the timely processing of my request.

Dear Records Access Office,

I am writing to follow up on my Freedom of Information Law request, numbered 23-12-146, initially submitted on December 7, 2023, and acknowledged by your office.

As the date of your anticipated response (January 11, 2024) nears, I wish to ensure that my request is being processed efficiently and to offer any necessary clarifications.

In addition to the previously specified information on the efficacy of the COVID-19 vaccine during the 2023 holiday season, I would like to emphasize the importance of including records from external parties. These records are crucial, as they have contributed to the Health Commissioner’s public health recommendations. Specifically, I am seeking data or studies provided by these external entities that support the assertion that vaccination can prevent individuals from being “sick for the holidays.” This request is particularly focused on understanding the biological variability among individuals and the time required to develop immunity post-vaccination.

My request encompasses:

Statistical data, studies, or reports from January 1, 2023, to December 6, 2023, demonstrating the COVID-19 vaccine's effectiveness.
Comparative analysis of infection rates, hospitalizations, and fatality rates between vaccinated and unvaccinated groups in New York State.
Records from external parties influencing the Health Commissioner's public health recommendations, including data or studies on vaccine efficacy in relation to individual biological variability and immunity development.

Given the public interest and the ongoing public health guidelines, timely access to this comprehensive set of information is essential.

Please inform me if any further details or clarifications are needed from my side to expedite the processing of my request. I appreciate your cooperation and look forward to your prompt response.

Thank you for your attention to this matter.

Dear Mr. Harvey,

Thank you for your continued efforts in processing my Freedom of Information Law (FOIL) request (Ref: 23-12-146) concerning data supporting COVID-19 vaccine efficacy for holiday season health protection. While I appreciate the complexities involved in such a request, the extended timeline for completion, now projected to be March 19, 2024, raises significant concerns.

The urgency of this request stems not only from its public health implications but also from the need to understand the basis for public health recommendations that seemingly do not account for individual biological variability. The statements made by public health officials, which prompted this FOIL request, suggest a one-size-fits-all approach to vaccine efficacy, which may not adequately consider the diverse responses of individuals to the vaccine.

Given the potential impact of these recommendations on public understanding and decision-making, it is imperative that any data or communications used to formulate these recommendations be made available promptly. Therefore, I request a rolling release of documents as they are identified and reviewed. This approach will facilitate timely public access to information that is crucial for informed discourse and decision-making.

I urge you to prioritize the release of any documents that have already been identified, even if the search and review process for the entire request is ongoing. The provision of this information in a timely manner is essential for maintaining public trust and ensuring that health recommendations are based on a comprehensive understanding of the data.

Thank you for your attention to this matter. I look forward to a prompt response and the expedited release of the identified documents.