A town may withhold e-news subscriber names and e-mail addresses under FOIL’s privacy exemption

Holding The Town properly denied the FOIL request because the privacy interests in keeping subscriber names and email addresses confidential outweighed any public interest in disclosure. The court held that disclosure would constitute an unwarranted invasion of personal privacy due to significant cybersecurity risks and the lack of public benefit.

Why it matters

Clarifies the standard for balancing privacy interests against public interest in FOIL cases involving email addresses.

Rejects the argument that cybersecurity risks are speculative when supported by expert affidavit and general societal risks.

The court’s words

The Town established that the privacy interests in keeping the information confidential are weighty, and that disclosure of the requested records would serve no public interest.

45 NY3d 677, at the official text

The balancing of the interests at issue here lands squarely in favor of the subscribers’ privacy interests.

45 NY3d 677, at the official text

The Town’s assertions regarding the potential risks to E-news subscribers whose names and email addresses are disclosed were not speculative.

45 NY3d 677, at the official text