From:   Freeman, Robert (DOS)
Sent:    Thursday, May 13, 2010 2:18 PM
Subject:           RE: question

Hi - -

Section 87(5)(a) states in part that “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.”   That being so, if, for example, a person asks that records be made available on
a cd and an agency has the ability to do so with reasonable effort, I believe that it must do so, rather
than requiring that the records be made made available in hard copy.

Hope this helps.

Robert J. Freeman
Executive Director
Committee on Open Government
Department of State
One Commerce Plaza
Suite 650
99 Washington Avenue
Albany, NY 12231
Phone: (518)474-2518
Fax: (518)474-1927

Sent: Thursday, May 13, 2010 1:22 PM
To: Freeman, Robert (DOS)
Subject: question


How are you?
Another question…
Does FOIL mandate that when a FOIL request is granted that the information being
requested be supplied in the requested format?  If someone asks for something
electronically can we give it to them in a hard copy instead?


CONFIDENTIALITY NOTICE: This e-mail is intended only for the use of the individual or entity to which it
is addressed and may contain confidential information belonging to the sender which is protected by the
attorney-client privilege.  If you are not the intended recipient, you are hereby notified that any disclosure,
copying, distribution or taking of any action in reliance on the contents of this information is strictly
prohibited.  If you have received this e-mail in error, please immediately notify me by telephone to
arrange for the return of the document.  Thank you in advance for your cooperation.