NY Public Records Law

Freedom of Information Law (FOIL)

Public Officers Law §§ 84–90

Initial response

5 business days

Final response

20 business days

Penalties

Fee shifting

Attorney fees

Mandatory

ALPR exemption

None

Burden of proof

On the agency

Response timeline

Agency must acknowledge within 5 business days. If unable to fulfill immediately, must provide approximate date within 20 business days. Failure to respond is a constructive denial.

Appeal process

Administrative appeal required?: Yes, before going to court
Appeal deadline: 30 days from denial
Appeal response deadline: 10 business days
Appeals body: Agency head or designated appeals officer

Advisory resource

The Committee on Open Government (COOG) can provide guidance and advisory opinions on your request.

Website: opengovernment.ny.gov
Phone: (518) 474-2518
Address: 99 Washington Ave., Suite 650, Albany, NY 12231

Enforcement

Court action: Article 78 proceeding in Supreme Court
Filing fee: ~$305
Filing deadline: 120 days from final denial
Attorney fee trigger: Agency lacked a reasonable basis for denying access (mandatory). Also discretionary when agency failed to respond within statutory timeframe. Pending bill S1418A (passed Senate 52-6, May 2026) would lower standard from "substantially prevails" to "prevails."

Fees

Copy fee: $0.25/page
Search fees: Not allowed
Electronic delivery: Required when requested

For electronic records requiring more than 2 hours of employee time, agencies may charge the hourly rate of the lowest-paid qualified employee, with advance cost estimate required.

ALPR-specific provisions

Favorable

No ALPR-specific exemption. ALPR data is subject to standard FOIL exemptions only. No ALPR-specific exemption. ALPR data subject to standard FOIL exemptions only. NYCLU class action pending against Westchester County. Institute for Justice recruiting plaintiffs for Fourth Amendment challenge to Westchester ALPR system (400+ cameras, 2-year retention).

Exemptions to watch for

These are the exemptions agencies most commonly invoke to deny surveillance records requests. Knowing them helps you anticipate and counter a denial.

Law enforcement investigation interference
Unwarranted invasion of personal privacy
Endanger life or safety
IT security compromise
Trade secrets
Inter-agency/intra-agency materials (excluding factual data, public instructions, final policies)

Agencies in New York

Westchester County Department of Public Safety

Westchester County active 400 cameras

Scarsdale Police Department

Scarsdale unknown

Generate a request letter

For Westchester County Department of Public Safety

When to use

You want to see what the cameras actually recorded — plates, vehicle descriptions, images, timestamps.

Your name

Your mailing address

Your email

Date of interest

Start time

End time

Location (road, intersection, or area) (optional)

Cost cap ($) (optional)

Generated letter

To: Records Access Officer From: [Your Name] Date: 2026-08-30 Subject: FOIL Request — ALPR/Flock Safety Detection Data Dear Records Access Officer: Pursuant to New York's Freedom of Information Law (Public Officers Law \xA7\xA7 84–90), I request access to and copies of the following records: All automated license plate reader (ALPR) detection logs, images, and associated metadata captured by any ALPR device (including but not limited to Flock Safety cameras) operated by or on behalf of Westchester County Department of Public Safety during the following time period: Date: [Date] Time: [Start Time] to [End Time] __IF_LOCATION__Location: __USER_LOCATION__ This includes but is not limited to: license plate numbers, vehicle make/model/color, vehicle images, detection timestamps, camera identification numbers, and any alerts generated. I request that records be provided in electronic format pursuant to \xA7 87(1)(b). If fulfilling this request will cost more than $25, please provide an estimate before proceeding. I expect a response within five business days as required by law. If you deny any portion of this request, please cite the specific statutory exemption relied upon and provide a written explanation of how that exemption applies to each withheld record. Thank you for your assistance. [Your Name] [Your Address] [Your Email]