From: Jobin-Davis, Camille (DOS)
Sent: Tuesday, May 31, 2011 2:11 PM
Subject: RE: FOIL 198 Response
Also, please note that the Freedom of Information Law was amended in 2008. Section 87 now includes the following provisions:
5.(a) An agency shall provide records on the medium requested by a person, if the agency can reasonably make such copy or have such copy made by engaging an outside professional service. Records provided in a computer format shall not be encrypted.
Based on this provision and others, in my opinion, if an agency can do so with reasonable effort, it is required to provide a copy of an electronic record in the format in which the applicant requests.
Camille S. Jobin-Davis, Esq.
NYS Committee on Open Government
Department of State
99 Washington Ave, Suite 650
Albany NY 12231