FOIA - Freedom of Information Act

  • John Moss
  • 2004 0721 - Letter - FROM: Robert J. Freeman, Executive Director, State of New York Department of State Committee on Open Government - [link]
    • I note that in a decision rendered in 2001, the Life Insurance Council of New York attempted to bolster a denial of access to certain records maintained by the State Department of Insurance that had long been available to the public because the recipient of the records placed the records on the internet. The court rejected the argument and determined that the records remained accessible and that there was no justifiable reason for prohibiting their placement on the internet [Belth v. New York State Department of Insurance, 733 NYS2d 833].
  • 2005 - NY - FOIL’S SUBJECT MATTER LIST REQUIREMENT: ARE AGENCIES COMPLYING? - https://nyassembly.gov/comm/Oversight/20050810/
    • The most basic of FOIL's requirements regarding subject matter lists is that each agency must have one. Therefore, it is troubling that some agencies do not comply with even this basic requirement.
      • In response to a request for its current subject matter list, the State Insurance Department wrote: "We no longer maintain that record. However, you can find the pertinent information in the General Retention and Disposition Schedule for New York State Government Records. You can obtain a copy of same by writing to. . .State Archives and Record Administration. . . ." (The letter is reproduced in Appendix C.)
      • It is unconscionable to tell a member of the public in the Insurance Department's headquarters in Manhattan that he or she must go to the State Archives in Albany to see a list of the categories of records possessed by the Insurance Department - and then return to the Manhattan headquarters to request them.
    • As FOIL is structured, an agency adopts and operates under its own rules and regulations, which must conform to the regulations adopted by COG. The Insurance Department's regulations provide that a "current list, detailed by subject matter, of all records in the possession of the department shall be available for public inspection and copying" in both its Albany and New York City offices.9 Therefore, the Insurance Department's referral of those seeking its subject matter list to the State Archives constitutes an admission that it is not only out of compliance with FOIL, but with its own regulations as well.10
  • governmentattic.org/14docs/GrassleyCoburnSIGTARP_2011-2012.pdf
    • Exhibit A
      • 2. Case was opened to investigate allegations relating to TARP recipient that certain reinsurance agreements were kickbacks being paid to the banks in exchange for the referral of mortgage insurance business.
      • 3. Case was opened to investigate allegations relating to a TARP recipient that unregistered agents sold deceptive insurance products and made false statements to insurance regulators to avoid scrutiny and avoid payment of extra market charges and taxes.
    • Exhibit A - Investigations
      • 9. Fraud
        • Case was opened to review allegations that a TARP recipient insurance company (i) diverted funds from its insurance subsidiaries to invest in residential mortgage backed securities (RMBS) without proper notification of its activities and (ii) had more commitments under its credit default swap (CDS) contracts than capital assets available
          to pay them.
  • 2022 0329 - Politico - ‘There is a big problem': Senators unite to slam FOIA compliance: The premier transparency law is hobbled by backlogs and mountains of electronic data, lawmakers are told. - [link]
  • NAIC
    • 1988-2, NAIC Proceedings - Market Conduct Surveillance (EX3) Task Force
      • (p182) - Upon further discussion, Nebraska and Virginia reported reluctance to share any information if it could not remain confidential.
      • It was observed, however, that most states regarded the information as publicly accessible either under their Freedom of Information Act or otherwise.
      • It was decided that the confidentiality issue would be addressed in greater depth at the subgroup's next meeting.
      • However, it was recognized that even if individual states would not be able to share their data bases, the development of a uniform software program for utilization by the states would still be a very valuable tool.
    • 1994-4, NAIC Proceedings
      • Mr. Keir replied that information provided to the NAIC was not subject to freedom of information laws...
    • 2008-3, NAIC Proceedings
      • (pxii) - NAIC Policy Statement on Open Meetings
        • [NOTE: (Effective Jan. 1, 1996, conference call meetings are included in the application of the policy statement, by action of the NAIC on June 4, 1995).
        • Roundtable discussions, zone retreats and meetings, commissioners' conferences, other like meetings of the members, and NAIC education programs of the NAIC are not subject to this policy statement.
        • This policy statement was originally adopted by the NAIC membership during the 1994 Fall National Meeting in Minneapolis, Minnesota, Sept. 18-20, 1994.]
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  • Belth v. New York State Department of Insurance
    • FOIA / FOIL
    • 2004 0616 - Schiff's Insurance Observer - Insurance Regulator Sucks up to Big Insurers: Makes Public Data Secret, Volume 16, Number 8 - 4p

  • 2011 - LR - Transparency and Confidentiality in the Post Financial Crisis World - Where to Strike the Balance?, Harvard Business Law Review, Vol. 1, 2011, by Margaret E. Tahyar and Annette L. Nazareth, Davis Polk & Wardwell LLP - 50p

  • home.treasury.gov/system/files/236/2019_3rd_Quarter_FOIA_Logs_0.pdf
    • Smith, Michelle The Associated Press 2019-04-156 Requesting correspondence logs documenting letters and other communication between your agency and Elizabeth Warren during her tenure as chair of the Congressional Oversight Panel for the Troubled Asset Relief Program between November 14, 2008 and September 17, 2010. These logs are typically maintained by your legislative affairs staff and are used to document correspondence between your agency and members of Congress.