Sentiment-ally Yours: A FOIL Request Too Big to Handle?
In the Surveillance Tech. Oversight Project, Inc. v. NYPD, the NYPD objected to a FOIL request, claiming that reviewing over 100,000 documents was unduly burdensome. However, the court denied the NYPD’s motion to dismiss, emphasizing that burdensome claims alone are insufficient without a more detailed justification.
The petitioner “alleges that respondents contracted with a private company (“Elucd”) to develop the Sentiment Meter. Petitioner maintains that Elucd has acknowledged working with the NYPD and that Elucd has collected data from more than 250,000 New Yorkers.” Surveillance Tech, at *1.
Petitioner’s FOIL request sought detailed records on the NYPD's "Sentiment Meter," including contracts, communications, and guidelines spanning nearly four years.
In response to the administrative appeal, the NYPD objected to the FOIL request on the grounds that responding to it would be unduly burdensome, citing the need to review over 100,000 documents, including 122,540 emails and 159,104 communications related to Elucd, Inc. The department argued that this extensive review would require extraordinary efforts not mandated under FOIL, emphasizing concerns over the sensitive nature of the documents and the impracticality of hiring a third-party vendor.
However, the court found these objections insufficient, requiring a more detailed explanation of why the task would be overly burdensome and suggesting that e-discovery tools could streamline the process. The court underscored that large document volumes do not exempt agencies from their obligations under FOIL.
This decision underscores the importance of transparency and the need for agencies to utilize e-discovery tools to manage large document productions efficiently. Here are some strategies you can suggest an agency take when making requests for a large volume of records:
E-Discovery Tools: Employ advanced e-discovery software to filter, search, and categorize documents quickly, minimizing the burden on the agency while ensuring compliance with FOIL requirements.
Rolling Productions: Instead of overwhelming an agency with a single large request, implement a rolling production process, where documents are released in stages. This allows both parties to manage the workload more effectively.
Narrowing the Scope: Engage in negotiations to potentially narrow the scope of the request. By focusing on the most critical documents, the volume of material can be significantly reduced, making the task more manageable.
In this case, the court highlighted that the mere volume of documents does not exempt an agency from its FOIL obligations. Transparency and accountability are paramount, and with the right tools and strategies, even extensive document productions can be handled effectively.
