Abdur-Rashid v. New York City Police Department

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An agency may decline to acknowledge that requested records exist in response to a Freedom of Information Law request, see N.Y. Pub. Off. Law 84 et seq. (FOIL), when necessary to safeguard statutorily exempted information. The New York City Police Department (NYPD) was asked to disclose records relating to a police investigation and surveillance activities involving two specific individuals and associated organizations. The information was protected under the law enforcement and public safety exemption of Public Officers Law 87. The NYPD denied the requests. Petitioners then commenced separate N.Y. C.P.L.R. 78 proceedings challenging he determinations. The Appellate Division dismissed the petitions, holding that NYPD’s refusal to confirm or deny the existence of responsive records was consistent with FOIL and the cases construing it. The Court of Appeals affirmed, holding that it is permissible for an agency to decline to acknowledge possession of responsive records when the fact that responsive records exist would itself reveal information protected under a FOIL exemption. View "Abdur-Rashid v. New York City Police Department" on Justia Law