From: Robert Freeman
Date: 4/15/2005 11:54:53 AM
Subject: Re: FOIL Request


I have heard from one other clerk regarding the request, and you are likely correct in your assumption that other municipalities have received the same request.

Because I did know the nature of the data requested, I contacted the Office of Real Property Services (ORPS). I was told that the request involves an extract of certain data from the tax roll that can be used to create tax bills. Further, once disclosed in form requested, the recipient, according to ORPS, could manipulate the data. An analogy was made to counterfeiting, whereby a person has the plates to print the money, and then asks for and receives the paper.

If I am understanding the situation correctly, it appears that §87(2)(i) of the Freedom of Information Law may be asserted to deny the request. That provision is relatively new and states that an agency may withhold records or portions of records which "if disclosed, would jeopardize an agency's capacity to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures."

If indeed disclosure would enable a recipient of the data to print tax bills or manipulate your data, the exception cited above, in my view, could be asserted to deny access.

I hope that I have been of assistance.