NYDFS must now exhibit reasonableness if it denies FOI requests

Chris Hamblin

14 January 2018

Paragraph (c) of subdivision 4 of section 89 of the public officers law, as amended by chapter 492 of the laws of 2006, has been amended to read as follows: "The court in such a proceeding: (i) may assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed, and when the agency failed to respond to a request or appeal within the statutory time; and (ii) shall assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by such person in any case under the provisions of this section in which such person has substantially prevailed and the court finds that the agency had no reasonable basis for denying access."

No such sanction awaits the British Financial Conduct Authority when it exercises its right to deny firms their information, and it does so very often. The British regulator does, however, publish all its FOI-related decisions in the same part of its website.