Can parts of FOIL records be redacted or withheld?

• A. Yes; agencies may redact or withhold exempt information while disclosing non-exempt parts.
• B. Yes; agencies may redact or withhold information only with court approval.
• C. Only non-exempt information will be released, with all redactions.
• D. Only if the requester pays a fee.

Answer: (A)

The key idea is that FOIL allows agencies to disclose records while protecting sensitive information. When a document contains both public and exempt material, the agency can separate the two: release the non-exempt portions and redact the exempt portions. This lets the public see the useful information without exposing protected material, such as confidential personnel data, trade secrets, attorney-client communications, or law enforcement details that could compromise safety or privacy. Agencies should explain which exemptions were applied and, if possible, indicate what was redacted.

In practice, you don’t need court approval to make these redactions; such redactions are an ordinary part of responding to FOIL requests. If a requester believes a redaction is improper, there’s an appeal process within the agency and, if needed, a judicial review to determine what may or may not be disclosed.

Why the other statements don’t fit: requiring court approval for redactions would make routine openness impractical, which FOIL does not require. Saying only non-exempt information will be released with all redactions implies an all-or-nothing approach that isn’t accurate—redactions target only the exempt material, not necessarily everything considered non-exempt in every portion. The notion that disclosure depends on the requester paying a fee also contradicts FOIL’s emphasis on public access, though processing fees can exist in some contexts, they don’t determine whether redactions are permissible.