FOIL rules and regulations (New York State Office of Information Technology Services, Enterprise Information Security Office)

Benjamin Lesser filed this request with the New York State Office of Information Technology Services, Enterprise Information Security Office of New York.
Tracking # 2014-25
Status
Completed

Communications

From: Benjamin Lesser

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 the rules, regulations and policies for access to agency records under the Freedom of Information Law.

According to New York PUBLIC OFFICERS LAW, ARTICLE 6, Section 87(b):

"Each agency shall promulgate rules and regulations, in conformity with this article and applicable rules and regulations promulgated pursuant to the provisions of paragraph (a) of this subdivision, and pursuant to such general rules and regulations as may be promulgated by the committee on open government in conformity with the provisions of this article, pertaining to the availability of records and procedures to be followed, including, but not limited to:

i. the times and places such records are available;
ii. the persons from whom such records may be obtained; and
iii. the fees for copies of records."

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,

Benjamin Lesser

From: oft.sm.counsel.foilrequests

Dear Mr. Lesser:

I am responding to your e-mail dated December 17, 2014, which, although not directed to the NYS Office of Information Technology Services (“ITS”) Records Access Officer, ITS will treat as a request pursuant to the Freedom of Information Law (Public Officers Law, Article 6, “FOIL”). Your request seeks from ITS pursuant to FOIL “a copy of the rules, regulations and policies for access to agency records under the Freedom of Information Law. ”

To the extent that your request reasonably describes records within the possession of ITS, and in accordance with the provisions of FOIL, ITS will retrieve those records that are responsive to your request and will review the same for accessibility purposes under that Law. In this regard, FOIL does not require an agency to prepare any record that it does not ordinarily possess or maintain. See FOIL § 89(3).

The process of retrieving and evaluating records in ITS’ possession that are responsive to your request is expected to take approximately twenty (20) business days. ITS will contact you by January 23, 2015, concerning the existence and accessibility of any records in its possession that are within the scope of your request.

Shoshanah V. Bewlay, Esq.
Records Access Officer
NYS Office of Information Technology Services
Empire State Plaza
PO Box 2062
Albany, NY 12220-0062
T: (518) 473-5115
counsel.foilr@its.ny.gov<mailto:counsel.foilr@its.ny.gov>

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 Dec. 17, 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 #2014-25.

Thank you for your help.

From: oft.sm.counsel.foilrequests

Dear Mr. Lesser:

As explained in our response dated December 23, 2014, ITS anticipates responding to your request within 20 business days of December 23, 2014, or on or before January 23, 2015.

Shoshanah V. Bewlay, Esq.
Records Access Officer
NYS Office of Information Technology Services
Empire State Plaza
PO Box 2062
Albany, NY 12220-0062
T: (518) 473-5115
counsel.foilr@its.ny.gov<mailto:counsel.foilr@its.ny.gov>

From: oft.sm.counsel.foilrequests

Dear Mr. Lesser:

Please see the attached. Thank you.

Shoshanah V. Bewlay, Esq.
Records Access Officer
NYS Office of Information Technology Services
Empire State Plaza
PO Box 2062
Albany, NY 12220-0062
T: (518) 473-5115
counsel.foilr@its.ny.gov<mailto:counsel.foilr@its.ny.gov>

From: MuckRock

Hello -

The URL included in the attached PDF in response to this FOIL request (2014-25) appears not to be active any longer: http://www.its.ny.gov/tables/Policy/FOILRegs.htm

Could you please confirm where the requested information has been posted?

Thank you!

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 Dec. 17, 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 #2014-25.

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 Dec. 17, 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 #2014-25.

Thank you for your help.

From: oft.sm.counsel.foilrequests

Mr. Lesser:

I apologize that the link you were sent in January 2015 became broken at some point after you were sent it. The new link is operational and is at:

https://www.its.ny.gov/its-freedom-information-law-foil-regulations

I also wanted to note that ITS has no record of the email requests dated April 15 and 30, 2015, that you reference below. Our first notice from you that the link ITS provided in January 2015 was broken came on May 15, 2015, and it is that notice to which this response is made.

Thank you for your patience.

Shoshanah Bewlay
Records Access Officer

Office of Information Technology Services
Empire State Plaza
Swan Street Building, Core 4
Albany, New York 12223
(518) 473-5115 | counsel.foilr@its.ny.gov
www.its.ny.gov<http://www.its.ny.gov/>

From: MuckRock

Downloaded from above URL.

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