The Appellate Division determined that the names and email addresses of those who subscribe to an email alert system of updates to a Town Website are subject to the Freedom of Information Law (FOIL). In Matter of Livson v. Town of Greenburgh, the Court affirmed the lower court determination that the Petitioner, who is the president of a local civic association, is entitled to the names and email addresses of those subscribing to the alert system maintained by the Town (gblist). The Court found the list was not, as the Town claimed, protected by any of the exemptions from disclosure contained in the FOIL statute.
Prior to the commencement of the Article 78 proceeding, The Town had claimed ” [t]here is neither a print or extract function on the software that can reasonably create a list of email addresses.” Yet, it was determined that the Town’s vendor could provide such a list. As a result, the lower court determined that the request for an electronic version of the list could be made available provided the recipient did “not reproduce, redistribute or circulate the gblist or use the information contained therein for solicitation, fund-raising or any commercial purpose.” The Town filed an appeal claiming that the list was exempt from disclosure.
In affirming the lower court, the Appellate Division noted: