Release Records Without Consent In New York
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You may also submit a FOIL request using the FOIL link on the respective agency's website. All agencies and authorities websites can be found here: Open FOIL NY Resource Center or New York State All Agencies website. The FOIL link is typically located in the bottom footer of the agency's website.
You can also record your boss if you live in a one-person consent state like New York. You are the consenter and the person you are recording is not required to provide their consent. In other states like Connecticut, you need the other person's consent, otherwise it is illegal.
That said, even though in NY recording telephone conversations are legal, in New York state courts, a recorded phone conversation, even if lawfully recorded by one of the participants to the conversation, is still considered hearsay and therefore may still be inadmissible unless a proper exception to the rule applies.
Article 6 of the New York State Public Officers Law is known as the Freedom of Information Law (FOIL). This law allows members of the public to request records from New York State or local government agencies.
New York is a “one-party consent” state, which means that you can record conversations if you are physically in the state and are taking part in the conversation, or if you have permission from one of the parties in the conversation. This applies to both phone calls and in-person conversations.
New York's eavesdropping law makes it a felony to use a device to overhear or record in-person conversations at which one is not present without the consent of at least one party to that conversation. N.Y. Penal Law §§ 250.00, 250.05.
The statute exempts the following records from disclosure: (1) those exempt from disclosure by state or federal statute; (2) those which if disclosed would constitute an unwarranted invasion of privacy; (3) those which if disclosed would impair contract awards or collective bargaining negotiations; (4) those containing ...
(a) An agency shall provide records on the medium requested by a person, if the agency can reasonably make such copy or have such copy made by engaging an outside professional service. Records provided in a computer format shall not be encrypted.
The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides the public right to access to records maintained by government agencies with certain exceptions.
