No. The FOIL defines "record" to mean "any information kept, held, filed, produced, or reproduced by, with or for an agency or the state legislature, in any physical form whatsoever." N.Y. Pub. Off. Law. § 86(4). (McKinney 1988). This includes computer tapes or discs. Id; Gabriels v. Curiale, 216 A.D.2d 850, 628 N.Y.S.2d 882 (3d Dept. 1995) (FOIL applies to information contained in a computer database); Guerrier v. Hernandez-Cuebas, 165 A.D.2d 218, 566 N.Y.S.2d 406 (3d Dept. 1991) (FOIL does not differentiate between records that are maintained in written form or on computerized tapes or discs); Brownstone Publishers Inc. v. New York City Department of Buildings, 166 A.D.2d 294, 560 N.Y.S.2d 642 (1st Dept. 1990) (information on computer ordered transferred into computer tapes); Szikszay v. Buelow, 107 Misc.2d 886, 436 N.Y.S.2d 558 (Sup. Ct. 1981) (computer format of information does not alter right of access); Babigian v. Evans, 104 Misc.2d 140, 427 N.Y.S.2d 688 (Sup. Ct. 1980), aff'd, 97 A.D.2d 992 (1st Dept. 1983) (access to information in a computer cannot be restricted merely because it is not in printed form).
Records contained in an indexed computer data base may be protected by the New York State Personal Privacy Protection Law ("PPPL") which was enacted to protect against the danger to personal privacy posed by modern computerized data collection and retrieval systems. See Public Officers Law, Art. 6-A (McKinney); Spargo v. New York State Commission on Government Integrity, 140 A.D.2d 26, 531 N.Y.S.2d 417 (3d Dept. 1988).