The FOIL request form on the East Hampton website contains language that is highly unusual.
“I certify that the information requested will not be utilized in any manner tending to constitute an unwarranted invasion of personal privacy as same is declined and delineated by the terms and provision of Article 6 (Freedom of Information) of the Public Officers Law of the State of New York, and I further agree to indemnify and hold the Town of East Hampton harmless from any claim arising from any such unsanctioned use of the information requested.”
This language allows the town to get attorneys’ fees from requestors.
It is up to the town to withhold information that is an unwarranted invasion of privacy, how a requestor uses information is irrelevant. The only restriction on use for a FOIL request is using information for commercial purposes.
See the form: FOIL Request Form — Town of East Hampton.
What a town may and may not ask of a requester is set out on our Freedom of Information Law page.
