Letter from Axel Ebermann

Advocates Urge Passage of Bills

As we celebrate Sunshine Week, a time dedicated to promoting government transparency and accountability, I urge New York legislators to take action to strengthen the state’s Freedom of Information Law. FOIL turned 50 last year and remains the most important tool for public access to government records. Yet, it has not kept pace with advancements in technology, journalism, and case law. Significant updates are long overdue.

Unfortunately, too often, government transparency is treated as an afterthought. But that is a mistake. Transparency is the foundation of our democracy. Without access to information and the ability to participate, meaningful civic engagement is simply not possible. The New York Coalition for Open Government represents members in 38 counties, which shows that New Yorkers deeply care about this issue.

For the past two years, the Senate and Assembly have marked Sunshine Week by passing different FOIL reform bills, yet none have become law. This year, transparency advocates urge both houses to unite behind a package of four key bills designed to modernize FOIL and enhance government accountability:

1) Report FOIL Activity (S452 / A2321)—Requires agencies to track and report FOIL compliance, ensuring transparency and accountability.

2) Reduce Agency FOIL Response Time (S2520 / A3425)—Establishes stricter deadlines to prevent excessive delays in public records requests.

3) Strengthen FOIL Attor-neys’ Fees (A950-A / S1418-A)—Makes it easier for those who successfully challenge FOIL denials to recover legal fees.

4) Limit Commercial FOIL Exemption (S5000 / A1410)—Prevents permanent secrecy by requiring businesses to reapply for confidentiality every three years.

These are common-sense reforms that legislators from both parties should support. Without real enforcement of transparency laws, the public is left in the dark. It’s time for Albany to act and ensure that FOIL remains an effective tool for accountability.

We urge lawmakers to seize this opportunity during Sunshine Week 2025 and pass these bills together—because a government that is open and accessible serves all New Yorkers better.

Axel Ebermann
President, New York Coalition for Open Government