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FOIL-AO-16389

From: Robert Freeman
To:
Date: 1/8/2007 10:19:04 AM
Subject: Dear Ms. Dooley:

Dear

I have received your inquiry concerning fees that may be assessed in relation to requests that records be emailed. In this regard, first, the Freedom of Information Law authorizes the assessment of a fee only when records are reproduced. When records can be emailed, they are not reproduced and, consequently, no fee may be charged.

Second, with respect to scanning, it has been advised that when doing so involves no effort additional to an alternative method of responding, no fee may be charged. If scanning would involve additional effort, an agency would not be required to do so. In that event, which often would involve photocopying, the agency may charge up to twenty-five cents per photocopy up to nine by fourteen inches. Attached is an advisory opinion on the subject that is too recent to have been posted on our website.

I hope that I have been of assistance. If you have questions, please feel free to contact me.

Bob Freeman

Robert J. Freeman
Executive Director
NYS Committee on Open Government
41 State Street
Albany, NY 12231
(518) 474-2518 - Phone
(518) 474-1927 - Fax
Website - www.dos.ny.gov/coog/coogwww.html