EDITORIAL: Stop 'deny by delay" on FOIL requests

There are strict deadlines for the government to answer each of those questions, and as a citizen, you’re entitled to a firm answer to your request and a specific timeline for how long you will have to wait.

But the problem is that many government bodies have found a way around those deadlines by repeatedly extending the time for responding to requests. We call it “deny by delay.” They delay releasing a record time and time again, counting on you to give up your quest for information.

That is using delaying tactics to effectively deny citizens access to public records.

But under the current law, governments can get away with it. That’s why it’s important for state lawmakers to close this hole in the Swiss cheese that is the Freedom of Information Law by passing a bill that limits the time for delays.

Under the bill (A3425/S2520), government agencies would have to provide acknowledgement of a FOIL request within five business days or the request will be deemed denied and be appealable.

If the agency needs more time to decide, it will have to state an approximate date for an answer no later than 30 days from the date of the request.

Denials then must be issued within 30 days, and agencies may take only 60 days if they will ultimately complete the request in full or in part.

If the agency takes more than 60 days to complete a request, the request will be denied and and the person requesting the information will be able to appeal from that point.

Citizens not only have a right to public records, but a right to view them in a timely manner and a right to know within a reasonable time whether their their request will be approved, delayed or denied.

This bill helps citizens exercise that right.