Government transparency isn’t a luxury. It’s a cornerstone of democracy. Without timely access to information, the public cannot hold power accountable or make informed decisions. That’s why we have the Freedom of Information Act (FOIA) at the federal level – and in New York, the Freedom of Information Law (FOIL).
❓ But how well do these transparency systems actually work?
If the recently released 2024 FOIA Report from the U.S. Department of Justice is any indication, the answer is: not great. A record-shattering 1.5 million FOIA requests were filed last year – a 25% spike. Agencies processed more requests than ever, but backlogs still exploded by 33%, leaving 267,000 requests stuck, the worst in a decade. “Simple” requests took an average of 44 days to process – more than double the statutory limit. Appeals rose 39%, and even “expedited” requests took nearly twice as long as the law allows.
️ Here in New York, things aren’t much better – and in some ways, they’re worse.
A recent report by the good government group Reinvent Albany found that in New York City alone, roughly 170,000 FOIL requests were filed in 2024, yet 16% remained open after a year. Agencies are overwhelmed, under-resourced, and frequently noncompliant. Some don’t even use the city’s OpenRecords portal, a basic transparency tool. The Department of Corrections takes an average of 485 days to respond to requests. The Mayor’s Office? 283 days. And many records released aren’t shared publicly, requiring repeat requests for the same data.
❗ That’s the city. But what about the rest of New York State? Here’s the disturbing truth: we don’t know.
Unlike the federal government, New York does not collect or publish any statewide data on FOIL compliance. We don’t know how many requests are made each year, which agencies respond promptly, or how many violate the law by delaying or denying without reason. There’s no system for accountability.
⚠️ This lack of basic tracking is indefensible. New York’s FOIL statute already requires agencies to respond within five business days and fulfill requests within 20. That implies agencies are keeping internal records. But we aren’t asking them to report it. That means we can’t identify where the problems are or how to fix them. And without hard data, we’re flying blind.
That’s why the New York Coalition for Open Government strongly supports the Report FOIL Activity bill – A2321 (McDonald) / S452 (Hoylman-Sigal). This simple, common-sense legislation would require state agencies to submit FOIL logs to the Committee on Open Government, paving the way for an annual transparency report, just like the federal model.
✅ The bill has already passed the Assembly. Now, the Senate must act, and Governor Hochul should sign it into law.
Take Action for Transparency!
✅ Contact your State Senator today: Find your Senator and ask them to pass Report FOIL Activity bill – A2321 (McDonald) / S452 (Hoylman-Sigal).