Microsoft 365
| Tracking # |
FOIL-2023-858-00360 |
| Submitted | Nov. 9, 2023 |
| Est. Completion | May 9, 2024 |
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Communications
From: ALEXANDER RICCIO
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Copies of city license and service agreements/contracts for the use of Microsoft 365 products. Specifically, I request portions that relate to the availability, use, and implementation of Microsoft Purview.
At a minimum, any portion that relates to the "Content search" and eDiscovery features. If possible, I would also like any portion that relates to Purview auditing, records management, compliance extensibility/"Priva", Compliance Manager, privileged access management, Microsoft Purview Information Barriers, Communication Compliance, and insider risk management.
A list of city agencies who have currently use Microsoft Office 365 based cloud email for storage or use, and the domains for which NYC agencies have with Microsoft 365
Whether these city agencies or relevant data/records access officials have access to the Microsoft 365 Compliance functionality known as purview.
Whether these agencies have access to the content search eDiscovery tool, as described here:
https://docs.microsoft.com/en-us/microsoft-365/compliance/content-search
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,
ALEXANDER RICCIO
From: Office of Technology and Innovation
Your request FOIL-2023-858-00360 has been successfully submitted to the NYC Office of Technology and Innovation (OTI).
The details of your request are shown below.
Request Title: Microsoft 365
Request Description: To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Copies of city license and service agreements/contracts for the use of Microsoft 365 products. Specifically, I request portions that relate to the availability, use, and implementation of Microsoft Purview.
At a minimum, any portion that relates to the "Content search" and eDiscovery features. If possible, I would also like any portion that relates to Purview auditing, records management, compliance extensibility/"Priva", Compliance Manager, privileged access management, Microsoft Purview Information Barriers, Communication Compliance, and insider risk management.
A list of city agencies who have currently use Microsoft Office 365 based cloud email for storage or use, and the domains for which NYC agencies have with Microsoft 365
Whether these city agencies or relevant data/records access officials have access to the Microsoft 365 Compliance functionality known as purview.
Whether these agencies have access to the content search eDiscovery tool, as described here:
https://docs.microsoft.com/en-us/microsoft-365/compliance/content-search
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,
ALEXANDER RICCIO
Upload documents directly: https://www.muckrock.com/
Requester's Contact Information
Name:
Alexander Riccio
Title:
Not provided
Organization:
Not provided
Email:
requests@muckrock.com (mailto:requests@muckrock.com)
Phone Number:
Not provided
Fax Number:
Not provided
Street Address (line 1):
Not provided
Street Address (line 2):
Not provided
City:
Not provided
State:
Not provided
Zip Code:
Not provided
You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360)
From: Office of Technology and Innovation
The NYC Office of Technology and Innovation (OTI) has acknowledged your FOIL request FOIL-2023-858-00360. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360) You can expect a response on or about Tuesday, January 2, 2024.
Additional Information:
The NYC Office of Technology and Innovation (OTI) is continuing to research and review your request and requires an additional thirty business days to complete the work of this request.
Please visit FOIL-2023-858-00360 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360)
From: ALEXANDER RICCIO
In my prior dealings with city agency FOIL requests, I have seen the city proffer dates 60 days ahead as the expected completion date, only to further delay by 60 days on that date. More than one agency illegally repeated this at least a half dozen times.
Can I expect this FOIL request to actually be completed on or before Tuesday, January 2, 2024? If not, I will not hesitate to appeal on grounds of constructive denial.
From: ALEXANDER RICCIO
Please confirm for me that the estimated completion date of Tuesday, January 2, 2024 is accurate and true.
Should this date later be revised, let the record reflect that I made efforts to work with the agency before reaching for the route of appeal on grounds of constructive denial.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Nov. 9, 2023. You had previously indicated that it would be completed on Jan. 2, 2024. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #FOIL-2023-858-00360.
Thanks for your help, and let me know if further clarification is needed.
From: Office of Technology and Innovation
The NYC Office of Technology and Innovation (OTI) has extended the time to respond to your FOIL request FOIL-2023-858-00360 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360) You can expect a response on or about Wednesday, February 14, 2024.
Additional Information:
The NYC Office of Technology and Innovation (OTI) is continuing to research and review your request and requires an additional thirty business days to complete the work of this request.
Please visit FOIL-2023-858-00360 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360)
From: ALEXANDER RICCIO
I attempted to seek clarification with OTI about the date of likely fulfilment/completion several times between their acknowledgement and their proposed completion date.
On 11/20/2023, I said the following:
In my prior dealings with city agency FOIL requests, I have seen the city proffer dates 60 days ahead as the expected completion date, only to further delay by 60 days on that date. More than one agency illegally repeated this at least a half dozen times.
Can I expect this FOIL request to actually be completed on or before Tuesday, January 2, 2024? If not, I will not hesitate to appeal on grounds of constructive denial.
On 12/07/2023, I said the following:
Please confirm for me that the estimated completion date of Tuesday, January 2, 2024 is accurate and true.
Should this date later be revised, let the record reflect that I made efforts to work with the agency before reaching for the route of appeal on grounds of constructive denial.
At no point before the very date of the deadline did the agency attempt to give justification or reason for missing the deadline. I suspect they have not even individually addressed this request, and merely applied a "bulk send delay email" action, as the open FOIL platform supports. With such an action, I have no reason to believe they would actually have considered whether or not the request can be fulfilled by the new specified date, and I have no reason to believe they actually intend to provide an accurate date when that deadline inevitably lapses.
I am appealing this on grounds of constructive denial - delays of indefinite, repeated, and nonspecific, nature, are kinda the epitome of constructive denial.
An agency may reasonably delay completion dates of FOIL requests, yes. This has been ruled in court. But they must also *reasonably* delay the date, not merely kick the can down the road and then lie about their intent to complete a request.
From: Office of Technology and Innovation
The NYC Office of Technology and Innovation (OTI) has extended the time to respond to your FOIL request FOIL-2023-858-00360 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360) You can expect a response on or about Thursday, March 28, 2024.
Additional Information:
The NYC Office of Technology and Innovation (OTI) is continuing to research and review your request and requires an additional thirty business days to complete the work of this request.
Please visit FOIL-2023-858-00360 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360)
From: ALEXANDER RICCIO
On January 3, 2024, I attempted to appeal as such:
I attempted to seek clarification with OTI about the date of likely fulfilment/completion several times between their acknowledgement and their proposed completion date.
On 11/20/2023, I said the following:
In my prior dealings with city agency FOIL requests, I have seen the city proffer dates 60 days ahead as the expected completion date, only to further delay by 60 days on that date. More than one agency illegally repeated this at least a half dozen times.
Can I expect this FOIL request to actually be completed on or before Tuesday, January 2, 2024? If not, I will not hesitate to appeal on grounds of constructive denial.
On 12/07/2023, I said the following:
Please confirm for me that the estimated completion date of Tuesday, January 2, 2024 is accurate and true.
Should this date later be revised, let the record reflect that I made efforts to work with the agency before reaching for the route of appeal on grounds of constructive denial.
At no point before the very date of the deadline did the agency attempt to give justification or reason for missing the deadline. I suspect they have not even individually addressed this request, and merely applied a "bulk send delay email" action, as the open FOIL platform supports. With such an action, I have no reason to believe they would actually have considered whether or not the request can be fulfilled by the new specified date, and I have no reason to believe they actually intend to provide an accurate date when that deadline inevitably lapses.
I am appealing this on grounds of constructive denial - delays of indefinite, repeated, and nonspecific, nature, are kinda the epitome of constructive denial.
An agency may reasonably delay completion dates of FOIL requests, yes. This has been ruled in court. But they must also *reasonably* delay the date, not merely kick the can down the road and then lie about their intent to complete a request.
From: Office of Technology and Innovation
Attention NYC Office of Technology and Innovation (OTI) Users,
The following note was added to FOIL-2023-858-00360 by the requester: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360)
<section class="textbox__section communication-body"><p>On January 3, 2024, I attempted to appeal as such:<br>I attempted to seek clarification with OTI about the date of likely fulfilment/completion several times between their acknowledgement and their proposed completion date.</p>
<p>On 11/20/2023, I said the following:<br>In my prior dealings with city agency FOIL requests, I have seen the city proffer dates 60 days ahead as the expected completion date, only to further delay by 60 days on that date. More than one agency illegally repeated this at least a half dozen times.</p>
<p>Can I expect this FOIL request to actually be completed on or before Tuesday, January 2, 2024? If not, I will not hesitate to appeal on grounds of constructive denial.</p>
<p>On 12/07/2023, I said the following:<br>Please confirm for me that the estimated completion date of Tuesday, January 2, 2024 is accurate and true.</p>
<p>Should this date later be revised, let the record reflect that I made efforts to work with the agency before reaching for the route of appeal on grounds of constructive denial.</p>
<p>At no point before the very date of the deadline did the agency attempt to give justification or reason for missing the deadline. I suspect they have not even individually addressed this request, and merely applied a "bulk send delay email" action, as the open FOIL platform supports. With such an action, I have no reason to believe they would actually have considered whether or not the request can be fulfilled by the new specified date, and I have no reason to believe they actually intend to provide an accurate date when that deadline inevitably lapses.</p>
<p>I am appealing this on grounds of constructive denial - delays of indefinite, repeated, and nonspecific, nature, are kinda the epitome of constructive denial.</p>
<p>An agency may reasonably delay completion dates of FOIL requests, yes. This has been ruled in court. But they must also *reasonably* delay the date, not merely kick the can down the road and then lie about their intent to complete a request.</p>
</section>
From: Office of Technology and Innovation
The NYC Office of Technology and Innovation (OTI) has extended the time to respond to your FOIL request FOIL-2023-858-00360 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360) You can expect a response on or about Thursday, May 9, 2024.
Additional Information:
The NYC Office of Technology and Innovation (OTI) is continuing to research and review your request and requires an additional thirty business days to complete the work of this request.
Please visit FOIL-2023-858-00360 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-858-00360)
From: ALEXANDER RICCIO
QED.
Files
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