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S 9777

Requires entities that submit records to state agencies that are excepted from disclosure under FOIL to periodically re-apply for the exception

2025 Regular Session Introduced by Jabari Brisport and 4 co-sponsors

The bill requires periodic re-application and renewal review for FOIL exemptions on records, ensuring ongoing protection is justified and reviewed every up to three years.

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Bill Summary · S 9777

Summary of Bill S. 9777 (2025-2026) – New York

Main purpose and intent

  • This bill amends the Public Officers Law to require entities that submit records to state agencies and seek an exception from disclosure under FOIL (Freedom of Information Law) to periodically re-apply for that exception.
  • The goal is to ensure ongoing review of whether records remain properly protected from disclosure.

Key provisions and changes

  • Definitions and scope

    • Applies to a person or entity that submits information to a state agency and requests that the information be exempt from disclosure under FOIL.
    • Also covers records submitted by a person or entity that may contain critical infrastructure information, allowing a request to protect that information from disclosure.

  • Application for an exemption

    • Requests for an exemption must be in writing and must identify precisely which portions of the record are to be exempt and provide reasons for the exemption for a defined period.
    • The applicant may propose an expiration date for the exemption, but that date cannot exceed three years from the agency’s receipt of the request.

  • Renewal/extension process

    • At least 60 days before the current exemption term expires, the submitter may apply for a three-year extension.
    • Agencies must review and either grant or deny extensions. Denials can be appealed under the bill’s specified process.
    • If the submitter does not apply for an extension, the exemption is considered expired.

  • Handling of new information

    • Information submitted after the effective date of the amendment (i.e., after the 2026 effective date) that is submitted under the exemption process must remain exempt for the defined period and be maintained separately by the agency until the exemption expires or until a court determines otherwise. This provides separation from other records during the exemption term.

  • Agency procedures during the exemption period

    • Agencies may, on their own initiative or at the request of a person seeking a record, inform the requester of the agency’s intent to determine whether the exemption should continue.
    • Requesters have 10 business days to submit a written statement supporting the continuation or granting of the exemption.
    • Agencies have 7 business days to issue a written determination after receiving the statement or after the submission period ends, including serving copies to relevant parties and the committee on Open Government.

  • Appeals and review

    • Denials of exemptions or access may be appealed within seven business days.
    • Appeals are decided within ten business days, with written notice of the determination.
    • Adverse determinations may be reviewed in court under Article 78 of the Civil Practice Law and Rules, with expedited handling and certain preference provisions.

  • Burden of proof

    • The burden of proving entitlement to the exemption rests with the person requesting the exemption.

  • Definitions and limitations

    • The term “agency” or “state agency” is defined narrowly to include a state department, board, bureau, division, council or office, and certain public corporations with majority governorship appointments.

  • Effective date

    • The act takes effect immediately.

Who/what would be affected

  • Individuals and entities that submit records to state agencies for purposes of FOIL exemptions.
  • State agencies that review, grant, deny, or renew FOIL exemptions.
  • The Committee on Open Government, which receives notices and determinations related to exemptions.
  • Records that may contain critical infrastructure information, which can be requested to be protected from disclosure.

Procedural and timeline aspects

  • Each exemption period is capped at up to three years, with a potential three-year renewal.
  • Renewal decisions must be made within a defined window (generally within seven business days of receipt of the renewal submission or end of the submission window).
  • A 60-day pre-expiration window is required to apply for extensions.
  • Post-approval processes include appeal procedures and, if necessary, judicial review on expedited timelines.

Practical impact and considerations

  • Increases accountability of entities seeking FOIL exemptions by mandating periodic re-application and renewal decisions.
  • Creates a formalized, time-bound process for extension requests, reducing automatic, undated exemptions.
  • Strengthens protections for sensitive information (including critical infrastructure content) by mandating explicit, reviewed exemptions with defined expiration and review cycles.
  • Could lead to more frequent agency determinations and potential administrative workload for state agencies and the Open Government Committee.

Note: This summary reflects the bill text as introduced in April 2026. For current status, amendments, and fiscal implications, consult the latest legislative documents and committee reports.

Compiled from official sources — confirm details with the bill’s official record.

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