Dear Carmen and Pascale:
xNY.io - Bank.org today elects to re-visit FOIL Request No. 2021-085728.
Specific to NY-DFS asking xNY.io - Bank.org for certification, "With
respect to your request for a list of names of Techsprint registrants,
pursuant to Public Officers Law § 89(2)(b)(iii), an unwarranted invasion of
personal privacy includes, but is not limited to the “sale or release of
lists of names and addresses..."
xNY.io - Bank.org can confirm we will not release the information publicly.
Would NY-DFS kindly be able to fulfill this request?
Have a great day.
Thank you,
Gunnar
--
Gunnar Larson
xNY.io | Bank.org
MSc - Digital Currency
MBA - Entrepreneurship and Innovation (ip)
G@xNY.io
+1-917-580-8053
New York, New York 10001
---------- Forwarded message ---------
From: JeanBaptiste, Pascale (DFS)
Date: Fri, Jun 4, 2021, 1:31 PM
Subject: FOIL Request No. 2021-085728 (Larson)
To: G@xNY.io
Cc: Garrett, Carmen (DFS)
Dear Mr. Larson:
Please see the attached determination in response to your
FOIL request. Thank you.
ANDREW M. CUOMO
Governor
LINDA A. LACEWELL
Superintendent
One State Street New York, NY 10004 │ www.dfs.ny.gov
VIA EMAIL
(G@xNY.io)
June 4, 2021
Mr. Gunnar Larson
xNY.io - CryptoBank
New York, New York 10001
Re: Your Freedom of Information Law (“FOIL”) Tracking No. 2021-085728
Dear Mr. Larson:
I write in response to a FOIL request that you submitted to the New York
State
Department of Financial Services (“Department”) on March 3, 2021, which has
been assigned
the above-referenced tracking number and seeks the “DFS' approval roster
(complete approved
registration list) with corresponding business affiliation” for registrants
of the DFS Techsprint.
Specifically, your FOIL request reads as follows:
“Good day: Per the e-mail correspondence below concerning the DFS Tech
Sprint
Innovational, this request is to define and keep the public informed of
DFS'
approval roster (complete approved registration list) with corresponding
business
affiliation on the basis of New York's Freedom of Information Law (FOIL)
One of
the tools available to the public to attain this type of information is
access to records
concerning any participants role in computer crimes actively engaged at the
will of
xNY.io's Tech Sprint denial. As the Sprint is now ongoing with DFS'
approved
participants. the member roster report and affiliation statistics stand
already
available. Can you kindly advise if this FOIL records request can be
complete this
week? Thank you. -- Gunnar Larson - www.xNY.io MSc - Digital Currency MBA
- Entrepreneurship and Innovation (ip) G@xNY.io+1-646-454-9107New York,
New York 10001 ---------- Forwarded message --------- From: dfs.sm.DfsNext
Date: Mon, Feb 22, 2021 at 3:56 PM Subject: Update on DFS Techsprint To:
dfs.sm.DfsNext Hello, Thank you for your interest in the Techsprint.
Unfortunately, at this time, we are not able to extend you an invitation to
participate.
Thank you again for applying. Best,DFS Next DFSNext New York State
I. Business Affiliations of Techsprint Registrants
The Department is withholding the business affiliations of Techsprint
registrants pursuant
to Public Officers Law § 87(2)(b), which provides an exemption from
disclosure for records or
portions thereof that, “if disclosed, would constitute an unwarranted
invasion of personal privacy
under the provisions of subdivision two of section eighty-nine of this
article.” Public Officers
Law § 89(2) provides a non-exhaustive list of the types of information
that, if disclosed, would
constitute an unwarranted invasion of personal privacy, which includes
employment history. See
Public Officers Law § 89(2)(b)(i). In our view, because employment history
is specifically
protected, the release of business affiliations of Techsprint registrants
would constitute an
unwarranted invasion of personal privacy under Public Officers Law §
87(2)(b). Accordingly,
the portion of your request that seeks the business affiliations of
Techsprint registrants is denied.
Pursuant to N.Y. Public Officers Law § 89(4), you may appeal the
Department’s
determination to withhold records within 30 days by sending an email to D.
Monica Marsh,
Principal Attorney, New York State Department of Financial Services at
FOIL.Appeals@dfs.ny.gov.
II. List of Names of Techsprint Registrants
With respect to your request for a list of names of Techsprint registrants,
pursuant to
Public Officers Law § 89(2)(b)(iii), an unwarranted invasion of personal
privacy includes, but is
not limited to the “sale or release of lists of names and addresses if such
lists would be used for
solicitation or fund-raising purposes.” Please provide your certification
that you will not use the
requested information for solicitation or fundraising purposes by June 11,
2021. If the
Department does not receive your certification by that date, we will deem
this portion of your
FOIL request withdrawn.
Very truly yours,
Pascale Jean-Baptiste
Acting FOIL Officer
Office of General Counsel