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The Committee on Open Government is responsible for overseeing and advising with regard to the Freedom of Information, Open Meetings and Personal Privacy Protection Laws (Public Officers Law, Articles 6, 7 and 6-A respectively). Mission Statement >>
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Committee on Open Government
One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231
Telephone: (518) 474-2518 Fax : (518) 474-1927 Email: DOS Contact Page >>
Legislation approved by Governor Paterson on May 12, 2009 and effective immediately requires that a public body must conspicuously post notice of the time and place of its meetings on its website if it has the ability to do so. §104(5).
A new provision of the Personal Privacy Protection Law now requires each state agency, “provided such agency has reasonable means available,” to receive and respond to requests for records via email. The amendment conforms the Personal Privacy Protection Law to the Freedom of Information Law and is effective immediately. §96(1)(d).
An amendment to the Public Officers Law that becomes effective on January 1, 2010 prohibits agencies from disclosing social security numbers to the public.
Section 96-a will soon provide as follows:
Unless required by state or federal law, state and local government agencies are prohibited from (a) intentionally communicating social security numbers to the public; (b) printing a social security number on any card or tag required to access products, services or benefits; (c) requiring transmission of a social security number over an unsecured line or an unencrypted format; (d) requiring use of a social security number to access an internet webs site without an additional authentication device; (e) including a full social security number on any paper or electronic communication (except in certain circumstances); and (f) encoding a social security number for use as a bar code or other technology.
County clerks are permitted to continue to make records containing social security numbers available if the records were filed prior to January 1, 2010, unless requested by individuals to redact social security numbers from the records.
Open Meetings Law / FOIL Education Video >>
This Committee on Open Government education video, which gives an explanation of FOIL, as well as the Open Meetings Law, is available on the Department of State's website at www.dos.state.ny.us, YouTube, as well as DVD upon request. More >>
Mission of the Committee on Open Government
The Committee on Open Government is responsible for overseeing and advising with regard to the Freedom of Information, Open Meetings and Personal Privacy Protection Laws (Public Officers Law, Articles 6, 7 and 6-A respectively).
The Freedom of Information Law pertains to the public's right to government records; the Open Meetings Law concerns the public's right to attend meetings of public bodies. Both of these statutes are based upon a presumption of access and, since their initial enactment, have undergone significant changes based largely upon recommendations made by the Committee.
The Personal Privacy Protection Law, enacted in 1984, pertains to personal information collected and maintained by state agencies. State agencies are required to meet standards of fair information practices regarding the collection, maintenance, use and disclosure of personal information. The law enables individuals to correct or amend records pertaining to them, grants individuals broad rights of access to records pertaining to them, and prohibits the release of personal information, except under circumstances specified in the Law.
Specific responsibilities of the Committee under the Freedom of Information Law involve furnishing advisory opinions, both oral and written, to any person and promulgating rules and regulations relative to procedural aspects of the Law. The Open Meetings Law requires that the Committee provide advice to any person. Advisory opinions are also prepared concerning the Personal Privacy Protection Law at the request of persons who are subjects of records covered by the Law, as well as at the request of state agencies seeking to comply with that statute.
The Committee is required to submit a single comprehensive annual report to the Governor and the Legislature describing the Committee's experience under each of the statutes and recommendations for improving them.
The Committee and the laws it oversees have gained national and international recognition as models for other jurisdictions. Its work and experience have been shared with access professionals at international conferences, and it is represented through membership in the Council on Governmental Ethics Laws and the Media Law Committee of the New York State Bar Association.