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Q&A

Williams asks about FOIL requests for deleted texts; Smith-Cruz says no record exists

New York City Council · Sep 22, 2026 · starts 1:01:38 · 2 min 21 sec

Williams asks whether the city must respond to FOIL requests for text messages; Smith-Cruz says FOIL only applies to records that exist, and if a text was deleted and no longer exists, the city cannot produce it, prompting Williams to note this is news to many.

Member of the Public - Jumaane Williams

Okay, so it's up to each one to determine whether or not they have sent a septic message.

Member of the Public - Jumaane Williams

Is that correct?

Member of the Public - Rose Nagel-Indigoyen

That is what the policy states, yes.

Member of the Public - Jumaane Williams

Okay.

Member of the Public - Jumaane Williams

So when Governor Cuomo switched to BlackBerry to try to get away from communication, he didn't have to.

Member of the Public - Jumaane Williams

He could have just stuck with Signal or WhatsApp.

Member of the Public - Shanta Smith-Cruz

I'm grabbing it back.

Member of the Public - Shanta Smith-Cruz

Thank you for the question.

Member of the Public - Shanta Smith-Cruz

I didn't know anything about Governor Cuomo's BlackBerry use, but I will say that there is, we provide as a city many modes of communication.

Member of the Public - Shanta Smith-Cruz

So we have, and the city oversees specific platforms, and we know what those are.

Member of the Public - Shanta Smith-Cruz

email, our SharePoint suite, Outlook, which is also email, OneDrive, there are various electronic records that we have access to and that we're able to

Member of the Public - Shanta Smith-Cruz

adequately archive or retain.

Member of the Public - Shanta Smith-Cruz

And those that don't exist on those platforms are unfortunately unable to

Member of the Public - Shanta Smith-Cruz

they are not able to be retained, technologically speaking.

Member of the Public - Jumaane Williams

So if we get four requests for texts, let's say regular text message, SMS, we don't have to respond in your view to those four requests for text messages?

Member of the Public - Shanta Smith-Cruz

Thank you for that question.

Member of the Public - Shanta Smith-Cruz

When you receive a FOIL request, if the record

Member of the Public - Shanta Smith-Cruz

exists, then one should go ahead and find the record.

Member of the Public - Shanta Smith-Cruz

So I think that whether or not we have access to those messages, those text messages, may be dependent upon the individual.

Member of the Public - Shanta Smith-Cruz

If they are no longer here in government, if they're currently here, if the text

Member of the Public - Shanta Smith-Cruz

exists at all.

Member of the Public - Shanta Smith-Cruz

So if it's a record that exists, then...

Member of the Public - Jumaane Williams

But if it didn't because it was deleted, nothing wrong had happened.

Member of the Public - Shanta Smith-Cruz

We aren't able to provide FOIL responses to records that do not exist, correct?

Member of the Public - Jumaane Williams

Got it.

Member of the Public - Jumaane Williams

Okay, this is quite interesting.

Member of the Public - Jumaane Williams

I'm going to have probably some follow-up off, like I just want to have, this is very interesting to me.

Member of the Public - Shanta Smith-Cruz

We would love to talk to you more.

Member of the Public - Jumaane Williams

I'd love to talk to you.

Member of the Public - Jumaane Williams

I'd also love to talk to communications.

Member of the Public - Jumaane Williams

And so, again, I just want to reiterate, I think for New Yorkers and small and ethnic media that have been really trying to get access, they deserve to hear some of the answers to their questions.

Member of the Public - Jumaane Williams

So thank you, and thank you, Madam Chair.