Rockland County DA office emails to or from Google regarding my gmail account

Robert Delaware filed this request with the Rockland County District Attorney of Rockland County, NY.
Tracking #

R007782-081023

Status
Rejected

Communications

From: Robert Delaware

To Whom It May Concern:

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

Any emails to or from a Rockland County District Attorney's email address to uslawenforcement@google.com regarding case number: RCDA-21-00340 and my personal email address of RobbyDelaware1979@gmail.com.

Hello. I recently received an email from Google's Legal Investigations Support Division that said in part: "Google received and responded to legal process issued by the Rockland County District Attorney's Office compelling the release of information related to your Google account. A court order previously prohibited Google from notifying you of the legal process. We are now permitted to disclose the receipt of the legal process to you. The agency reference number or case number on the legal process is RCDA-21-00340."

This email would have been from a missing person case I did private research into. I was more than a little surprised to learn that Rockland County used subpoena powers to compel Google to pass over information about my account. Considering that Google provided information about the request from Rockland County, then there is no longer an active investigation and the emails are a public record.

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,

Robert Delaware

From: Rockland County District Attorney

Dear Robert Delaware:
This is an automatic, computer generated message.  Your FOIL request to the County of Rockland was submitted on 8/10/2023 and given the reference number R007782-081023 for tracking purposes.  The Department that receives your FOIL request will send you a formal acknowledgment of receipt within five (5) business days. Records Requested:
"To Whom It May Concern:

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

Any emails to or from a Rockland County District Attorney's email address to uslawenforcement@google.com regarding case number: RCDA-21-00340 and my personal email address of RobbyDelaware1979@gmail.com.

Hello. I recently received an email from Google's Legal Investigations Support Division that said in part: "Google received and responded to legal process issued by the Rockland County District Attorney's Office compelling the release of information related to your Google account. A court order previously prohibited Google from notifying you of the legal process. We are now permitted to disclose the receipt of the legal process to you. The agency reference number or case number on the legal process is RCDA-21-00340."

This email would have been from a missing person case I did private research into. I was more than a little surprised to learn that Rockland County used subpoena powers to compel Google to pass over information about my account. Considering that Google provided information about the request from Rockland County, then there is no longer an active investigation and the emails are a public record.

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,

Robert Delaware

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From: Rockland County District Attorney

--- Please respond above this line ---

August 14, 2023

Robert Delaware
MuckRock News, DEPT MR150606 263 Huntington Ave
Boston MA 02115

RE: Response to Request for Records Under the Freedom of Information Law, Reference # R007782-081023

Dear Mr./Ms. Robert Delaware:
I am writing to acknowledge receipt of your request for records under the Freedom of Information Law (FOIL) dated August 10, 2023.
In accordance with FOIL, I will advise you within twenty (20) business days if this Department maintains any records that are responsive to your request and whether this Department will make the records available to you, deny you access to any such records or furnish you with a statement of the approximate date on which the request will be granted or denied.

Please be further advised that pursuant to Executive Order No. 94-2, as amended by Nos. 04-03 and No. 07-01, which outline the procedures for applications for access to records of the County under FOIL, you have the right to appeal a denial of an application to Chief Assistant District Attorney Patrick Frawley,  the Records Access Appeals Officer in the Office of the District Attorney, County of Rockland, One South Main Street, 5th Floor, New City, New York 10956.

Very truly yours,

Barbara Gionta
First Assistant District Attorney
Records Access Officer
Department of District Attorney

From: Rockland County District Attorney

--- Please respond above this line ---

August 28, 2023

Robert Delaware
MuckRock News, DEPT MR150606 263 Huntington Ave
Boston MA 02115

RE: Response to Request for Records Under the Freedom of Information Law (FOIL), Reference # R007782-081023

Dear Mr. Robert Delaware:

I am writing to acknowledge receipt of your request for records under the Freedom of Information Law (FOIL) dated August 10, 2023.

Please be advised that this Department is denying your FOIL request because your FOIL request seeks a record that is specifically exempted from disclosure by state or federal statute pursuant to CPL Article 190 and Penal Law 215.70 and, therefore, are exempt from the provisions of FOIL in accordance with N.Y. Public Officers Law section 87(2)(a).

Please be further advised that pursuant to Executive Order No. 94-2, as amended by Nos. 04-03 and No. 07-01, which outline the procedures for applications for access to records of the County under FOIL, you have the right to appeal a denial of an application to Chief Assistant District Attorney Patrick Frawley, the Records Access Appeals Officer in the Office of the District Attorney, County of Rockland, One South Main Street, 5th Floor, New City, New York 10956.

Very truly yours,
Barbara Gionta
First Assistant District Attorney
Records Access Officer
Department of District Attorney

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