FOIL-AO-18551
    VIA EMAIL
    From: Freeman, Robert (DOS)
    Sent: Thursday, July 07, 2011 12:29 PM
    To:   
    Subject:    solicitation re FOIL
I have received  your letter concerning the meaning of the term “solicitation” as it appears in 
    §89(2)(b)(iii) of  the Freedom of Information Law.  That  provision indicates that a list of names and 
    addresses may be  withheld on the ground that disclosure would constitute “an unwarranted  invasion 
    of personal  privacy” when the list “would be used for solicitation or fund-raising  purposes.”  You asked 
    whether an  attempt “to reach out to vendors for statistical survey purposes….would…be  considered a 
    form of  solicitation.”
In this regard,  the provision in question involves “personal” privacy, i.e., the protection of  privacy as it 
    relates to  natural persons.  Further, I believe that  it involves direct contact with natural persons at their 
    home  addresses.  Vendors are entities or  persons acting in a business capacity.   If that is so, I do not 
    believe that the information  at issue would be “personal” or that the exception authorizing a denial of 
    access would be  applicable.
I hope that the foregoing serves to clarify your understanding and that I have been of assistance.
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
    Website:  www.dos.ny.gov/coog/index/html
State of New York