National Freedom of Information Coalition
Protecting Your Right to Open Government

NY Court Taps U.S. Doctrine in FOIL Suit Against NYPD

A state judge has invoked a federal court doctrine to reject a request under New York's Freedom of Information Law for information about police surveillance of a New York City mosque.

Finding no guidance from higher courts in New York, Manhattan Supreme Court Justice Alexander Hunter Jr. ruled that New York City Police Department may invoke the "Glomar doctrine" exception under the federal Freedom of Information Act (FOIA) to deny an Islamic group's request under the state Freedom of Information Law (FOIL).

The Glomar doctrine allows federal agencies, citing law enforcement or national security concerns, to refuse to confirm or deny that the information sought under a FOIA application exists. Continue>>>