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On October 23, 2024, I submitted a FOIL request to obtain the 2024 membership list of a union representing approximately 20 municipal employees in (omitted), New York).
On November 8, 2024, I received an email denying my request. It stated:
“As per the Union President, this requested information is an invasion of privacy and will not be produced. Your request contains information that, based on the Freedom of Information Law, Public Officer’s Law §87(2)(b), provides for denial of access to documents (or portions thereof) ‘if disclosed would constitute an unwarranted invasion of personal privacy.’”
On November 14, 2024, I sought feedback from a former Town Board Supervisor, who shared the following perspective:
“No, it is not an invasion of privacy. Being a public employee, you should expect no privacy. Since when does the President of a government union have the right to deny a FOIL request? Shame on the Town Clerk for even asking him. The Town Clerk is the FOIL officer and should’ve just provided the information. She already had it.”
I am seeking input to strengthen my appeal and argue for the release of the Union membership list. How can I counter the privacy exemption claim and obtain the requested information?
The Committee on Open Government, which is a different organization than our Coalition, has recently issued an opinion regarding your question. The Committee on Open Government is the state agency with the authority to issue opinions regarding Freedom of Information Law issues.
https://docsopengovernment.dos.ny.gov/coog/ftext/F19859.pdf
The Committee stated the following in their opinion:
“In our opinion, disclosure of public employee names and the name and bargaining unit of the union covering that employee would not generally constitute an unwarranted invasion of personal privacy.”
However, you may be required to sign a certification in order to receive the information:
[A]n agency may require a person requesting lists of names and addresses to provide a written certification that such person will not use such lists of names and addresses for solicitation or fundraising purposes and will not sell, give or otherwise make available such lists of names and addresses to any other person for the purpose of allowing that person to use such lists of names and addresses for solicitation or fundraising purposes.
If you need assistance in filing your appeal, we will be happy to help.