NY’s Highest Court Rules in Favor of Mount Pleasant, Protecting Privacy in FOIL Decision
In a victory for digital privacy, New York’s highest court reversed a lower court order that would have forced the Town of Mount Pleasant to disclose the names and email addresses of subscribers to its “E-news” alert system.
The decision concludes a four-year legal battle stemming from a Freedom of Information Law (FOIL) request by town resident James C. Russell, who in 2022 sought the personal contact information of thousands of residents. The State’s highest court agreed with the Town’s position that such disclosure would constitute an unwarranted invasion of personal privacy and serve no legitimate public interest.
The Court of Appeals’ opinion, authored by Judge Jenny Rivera, emphasized that email addresses are personally identifying information and that subscribers have a “weighty” interest in keeping this data confidential. The Town successfully argued that releasing the list would expose residents to significant cybersecurity risks, including spoofing, phishing, and identity theft.
“We are extremely gratified that the Court of Appeals recognized the paramount importance of protecting our residents’ privacy,” said Town Supervisor Carl Fulgenzi. “When our neighbors sign up for E-news, they are looking for timely updates on Town Board meetings, paving schedules, and community events—not to have their personal inbox opened up to third-party notifications or potential bad actors.”
The ruling reverses a prior Appellate Division decision finding that the Town’s cybersecurity concerns were not “speculative,” noting that the ubiquitous use of email for sensitive data—including medical and financial records—requires heightened protection.
Furthermore, the Court noted that disclosing the list would undermine the goals of FOIL. If residents feared public disclosure of their information, they would unsubscribe, thereby reducing government transparency and community awareness.
On Thursday, the New York Association of Towns, which filed an amicus brief in support of the Town of Mount Pleasant, issued a statement that called the court’s decision “a significant victory for local governments.”
