The New York Court of Appeals last Thursday handed down a Freedom of Information Law decision concerning tapes and transcripts of certain conversations that occurred on or after September 11, 2001.  In Matter of New York Times Co. v. City of New York, the Court had to decide whether the following tapes of conversations were subject to FOIL disclosure: (1) calls made on September 11 to the New York Fire Department’s 911 emergency service; (2) calls made on the same day on the Fire Department’s internal communications system; and (3) "oral histories," consisting of interviews with firefighters in the days following the tragedy.

The Court held that the tapes and transcripts of the 911 phone callers  other than the 8 men whose families sought disclosure should not be disclosed under FOIL or its exceptions.  It also held that the tapes and transcripts of the dispatch calls were subject to disclosure, subject to redaction of nonfactual material.  The Court held that all of the oral histories are discloseable under FOIL.

Here is a story on CNN.com on the decision.