What counts as an 'agency record' for FOIL purposes?

• A. Any material in the possession, custody, or control of an agency, related to its functions.
• B. Only paper documents.
• C. Electronic records.
• D. Records in official archives.

Answer: (A)

FOIL covers anything the agency has in its possession, custody, or control that relates to its functions. That means records come in many forms and formats, not just paper. Emails, electronic files, databases, memos, notes, and even audio or video recordings are included if the agency can access or maintain them. The key idea is control—if the agency holds or can obtain the material and it relates to its work, it’s an agency record, regardless of whether it’s stored in a file cabinet, on a server, or in an archive. So, the broad description of agency records as material under the agency’s possession, custody, or control related to its functions best captures the scope of FOIL.