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
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