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What is a Record

The Freedom of Information Law defines a record as any information kept, held, filed, produced, or reproduced by, with, or for an agency or the state legislature, in any physical form.

Under the law, all records are accessible, except for records or portions of records that fall within one of nine categories of confidential or exempt records, as stated in section 87(2) of the Public Officer’s Law.

The law provides access to existing records. An agency is not required to create a record in response to a request.

Because the majority of records maintained in the Erie County Clerk’s Office are already considered public, requests may be made directly to the Clerk’s Office, without needing to invoke the Freedom of Information Law.

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