Opinion: Fixing Flaws in New York’s Freedom of Information Law – citylimits.org

Report on New York City’s Freedom of Information Law and Sustainable Development Goal 16

Executive Summary

An analysis of New York City’s Freedom of Information Law (FOIL) process reveals significant delays and inefficiencies that undermine the principles of transparency and accountability in public institutions. These shortcomings directly conflict with the objectives of Sustainable Development Goal 16 (SDG 16), which advocates for peace, justice, and strong institutions. Case studies from The Legal Aid Society illustrate systemic issues where government agencies repeatedly extend response deadlines, hindering public access to information. Proposed municipal legislation, Intro 1235, seeks to rectify these deficiencies by creating a modern, centralized, and transparent FOIL system, thereby aligning the city’s practices with key SDG targets.

Challenges to Institutional Accountability and SDG 16.6

The current implementation of FOIL by New York City agencies presents a substantial challenge to the development of effective, accountable, and transparent institutions, as mandated by SDG Target 16.6. Protracted delays prevent the public and civil society organizations from conducting timely oversight of government operations, particularly concerning the use of surveillance technology which impacts vulnerable communities. This lack of transparency impedes progress towards SDG 10 (Reduced Inequalities) and SDG 16.3 (Access to Justice). Specific examples of these systemic delays include:

• A January 2021 FOIL request to the Office of Technology and Innovation regarding surveillance products has received 40 extensions.
• A 2022 request to the New York City Police Department (NYPD) for records on the accuracy of ShotSpotter technology remains unanswered.
• A 2023 request to the NYPD for video footage from the Knightscope K5 Times Square Robot is still pending.

Proposed Legislative Solution: Intro 1235

In response to these challenges, Intro 1235 has been introduced at the New York City Council. This legislation aims to create a more efficient, auditable, and transparent FOIL landscape. The bill proposes the creation of a unified online portal with several key features designed to streamline the process for both the public and government agencies.

1. The portal would process all requests to city agencies, making them centrally accessible.
2. It would create a searchable public database of all records produced by agencies in response to FOIL requests, reducing the need for duplicative submissions.
3. The system would provide public statistics on agency FOIL practices, including average response times and extension rates.
4. Each request’s lifecycle, including relevant dates, extensions, decisions, appeals, lawsuits, and associated fees, would be publicly documented.

Alignment of FOIL Reform with Sustainable Development Goals

The passage and implementation of Intro 1235 would directly advance New York City’s commitment to the Sustainable Development Goals, particularly SDG 16. The reform aligns with several specific targets by strengthening the framework for public access to information and institutional accountability.

• SDG 16.6 (Effective, Accountable and Transparent Institutions): By publicizing agency performance metrics, the portal would foster accountability and highlight where additional resources or reforms are necessary.
• SDG 16.10 (Public Access to Information): The legislation directly reinforces this target by modernizing the mechanism for accessing government information, ensuring the public’s fundamental right to know is upheld more effectively.
• SDG 16.7 (Responsive, Inclusive, and Participatory Decision-Making): Timely access to information is a prerequisite for meaningful public participation. The reform would empower residents and organizations to better understand, debate, and challenge government actions, leading to more responsive governance.

Conclusion

Systemic delays in New York City’s FOIL process represent a significant barrier to achieving the institutional transparency and accountability central to SDG 16. The current system fails to provide the public with the necessary tools for effective oversight of government functions. The proposed legislation, Intro 1235, offers a comprehensive solution to modernize the FOIL process. Its implementation is a necessary step to ensure that the city’s governance structures are effective, accountable, and transparent, thereby fulfilling its obligations under the Sustainable Development Goals.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice and Strong Institutions
  
  This is the primary SDG addressed in the article. The entire text focuses on the need for effective, accountable, and transparent government institutions in New York City. The discussion revolves around the flaws in the Freedom of Information Law (FOIL) process, which is a key mechanism for ensuring government transparency and public accountability. The article argues that when the public is “kept in the dark,” it is unable to “understand, debate, and challenge government practices,” which directly relates to the goal of building strong and just institutions.

2. What specific targets under those SDGs can be identified based on the article’s content?

• Target 16.6: Develop effective, accountable and transparent institutions at all levels.
  
  The article directly addresses this target by highlighting the ineffectiveness and lack of transparency in the current FOIL process. It cites “agencies’ seemingly endless delays” and a specific request that has been extended for the “40th time” as evidence of an inefficient system. The proposed legislation, Intro 1235, aims to “make the FOIL process more efficient and auditable” and publicize “agencies’ patterns and practices with respect to producing records,” which are direct efforts to develop more effective and transparent institutions.
• Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
  
  This target is at the core of the article. The Freedom of Information Law (FOIL) is the specific national/local legislation designed to ensure public access to information. The article details how this access is currently being hindered, citing a “more-than-four-year wait for records” and the Legal Aid Society’s struggle to obtain information. The proposed solution, an online portal to “access and search all records produced by city agencies,” is a direct mechanism to strengthen and ensure public access to information as mandated by this target.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Yes, the article mentions several specific indicators that would be tracked and made public by the proposed Intro 1235 legislation. These can be used to measure progress towards creating more transparent and accountable institutions.
• Average response times: The article explicitly states that the proposed portal would provide “statistics on city agencies’ FOIL practices—including their average response times.” This is a direct indicator of institutional effectiveness (Target 16.6).
• Number of extensions: The portal would indicate “relevant dates, extensions, and decisions with respect to each request.” Tracking the number and length of extensions, like the “40th time” mentioned, serves as an indicator of efficiency and transparency.
• Number of appeals and lawsuits: The article notes the portal would contain “information about any appeals to agencies’ denials of FOIL requests and any subsequent lawsuits.” These metrics indicate the level of conflict and dissatisfaction with agency decisions, measuring accountability.
• Attorney’s fees paid by agencies: The portal would show “any attorney’s fees that the agency was required to pay to a requester in a FOIL-related lawsuit.” This financial indicator measures when an agency has been legally found to have improperly withheld information, serving as a strong measure of accountability.
• Public accessibility of records: The proposed portal that allows the public to “access and search all records produced by city agencies” is a direct indicator of the level of public access to information (Target 16.10).

4. Table of SDGs, Targets, and Indicators

Source: citylimits.org