From: Jobin-Davis, Camille (DOS)
Sent: Wednesday, June 11, 2008 5:02 PM
Subject: Freedom of Information Law
Although I was unable to locate an advisory opinion that addresses the issue of charging for redacted copies, I offer the following comments:
The Freedom of Information Law permits an agency to charge $.25 per copy and requires an agency to make certain records available for public inspection and copying. When an agency redacts a record prior to inspection or release, typically, the agency makes a decision to make two copies for its own administrative assurance that the document has been thoroughly redacted. In my opinion, because only one copy is provided to the applicant, the agency can charge only $.25 per page. Were the agency to provide access to both copies, then, I believe, the agency would be permitted to charge twice.
I hope that this is helpful.
Camille S. Jobin-Davis, Esq.
NYS Committee on Open Government
Department of State