Under FOIL, what is the difference between open records and exempt records?

• A. Open records may be withheld if they contain sensitive information.
• B. Open records must be disclosed; exempt records may be withheld or redacted.
• C. Open records must be disclosed only upon request in writing.
• D. Exempt records are never disclosed.

Answer: (B)

FOIL divides government records into open and exempt categories: open records must be disclosed on request, while exempt records may be withheld or redacted to protect sensitive information. If a record contains both exempt and non-exempt parts, the non-exempt portions must be disclosed and the exempt portions can be redacted. And requests don’t have to be in writing for FOIL to apply, so the requirement that disclosure happen only upon a written request isn’t accurate. The idea that exempt records are never disclosed is incorrect because exemptions allow withholding or redacting, not a blanket ban.