Brewer asks whether Signal messages are FOILable and must be retained

I would just say, but that's helpful that what you are stating.

In terms of foil, now, again, I'm a foil nut, just like I'm an archive nut.

So then the question is, all of this material is going out under signal or anything else.

Wouldn't that be foilable?

And if it's foilable, wouldn't it have to be?

retained?

Thank you for the question.

The Freedom of Information Law governs records, and that's what FOIL is in reference to.

But under the Freedom of Information Law, it's only records that the city agencies possess or maintain that need to be produced.

So as long as it exists,

as a record within city agencies.

If it's an active record, if it's a record that's archived, if it's a record that sits in its retention schedule, it's in a box in a warehouse, we can grab it and send it off.

But if it does not exist, instant messages are not considered records.

I think that's the issue that we're coming up against.

So they don't require attention.

So they can exist, but they're not required to exist as records under the DORIS 2025 policy.

Yeah, I think this one needs updating.

We're definitely open to talking with you about the policy as it stands.