Letter from Axel Ebermann

Pass ‘Report FOIL Activity’ Bill

Government transparency isn’t a luxury—it’s the backbone of democracy. Without timely access to information, the public cannot hold power accountable or participate meaningfully in civic life. That’s why we have Freedom of Information laws like FOIA at the federal level and FOIL here in New York.

But how well are these laws working?

The recent U.S. Department of Justice’s 2024 FOIA Report paints a troubling picture: A record 1.5 million requests were filed—a 25 percent spike. Agencies processed more requests than ever, but backlogs still jumped 33 percent, topping 267,000—the worst in a decade. Even “simple” requests took an average of 44 days, more than double the statutory limit. Appeals rose by nearly 40 percent, and even “expedited” requests took almost twice as long as the law allows.

And New York isn’t doing much better. In fact, we might be doing worse. A recent report from Reinvent Albany found that 170,000 FOIL requests were filed in New York City in 2024, yet 16 percent remained open after a year. The Department of Corrections averaged 485 days to respond. The Mayor’s Office: 283. Many agencies don’t even use the city’s OpenRecords portal. And even when records are released, they’re not always made publicly available, forcing people to file repeat requests.

That’s just the city. The rest of the state? We simply don’t know. Unlike the federal government or New York City, New York State does not collect or publish any statewide FOIL compliance data. We don’t know how many requests are filed, how many are fulfilled, or how many are delayed or denied in violation of the law. There is no transparency about transparency.

That’s why the New York Coalition for Open Government supports the “Report FOIL Activity” bill (A2321/S452). It’s simple, common-sense legislation: require agencies to submit their FOIL logs to the Committee on Open Government, so New Yorkers can finally see how well our own access-to-information laws are being followed.

The bill has already passed the Assembly. It’s time for the Senate to act—and for Governor Hochul to sign it into law.

Axel Ebermann
President, New York Coalition for Open Government