Show pageOld revisionsBacklinksBack to top This page is read only. You can view the source, but not change it. Ask your administrator if you think this is wrong. ====== The Ultimate Guide to Filing a Freedom of Information Act (FOIA) Request ====== **LEGAL DISCLAIMER:** This article provides general, informational content for educational purposes only. It is not a substitute for professional legal advice from a qualified attorney. Always consult with a lawyer for guidance on your specific legal situation. ===== What is a Freedom of Information Act Request? A 30-Second Summary ===== Imagine the federal government is a massive library, holding trillions of documents: reports, emails, contracts, internal memos, and data. For most of American history, the doors to this library were locked to the public. You, a citizen, had no inherent right to see what was inside. Then came the [[freedom_of_information_act]], or FOIA. Think of it as the universal library card for the U.S. government. It's a powerful legal tool that gives any person—not just citizens, but anyone in the world—the right to request access to records from any federal agency. It's not about asking questions; it's about asking for existing documents. Whether you're a journalist investigating a government contract, a historian researching a specific event, a small business owner seeking information on a federal grant, or just a curious citizen wondering how your tax dollars are being spent, FOIA is your mechanism to pull back the curtain on government operations. It is the bedrock of government transparency, built on the simple but revolutionary idea that a democracy works best when its people know what their government is doing. * **Your Right to Know:** The **Freedom of Information Act (FOIA) request** is your legal right, established by the federal statute [[5_u.s.c._§_552]], to obtain records from United States federal government agencies. * **Empowering the Public:** A **Freedom of Information Act (FOIA) request** is a primary tool for journalists, researchers, and ordinary people to hold the government accountable, uncover waste or wrongdoing, and understand policy decisions. * **Action is Required:** To use this right, you must submit a written **Freedom of Information Act (FOIA) request** that reasonably describes the records you seek to the specific agency you believe holds them. ===== Part 1: The Legal Foundations of FOIA ===== ==== The Story of FOIA: A Journey to Transparency ==== The idea of a "right to know" feels fundamental today, but it's a surprisingly modern concept. In the wake of World War II and the rise of the Cold War, the U.S. government operated under a thick veil of secrecy. The default position was that government documents were private property, to be shared only at the government's discretion. The primary law on the books, a small section of the `[[administrative_procedure_act_of_1946]]`, was more of a secrecy law than a disclosure one, allowing agencies to withhold information "for good cause" or if it involved "any matter of internal management." This culture of secrecy began to face serious pushback in the 1950s and 60s. Journalists, frustrated by their inability to report on government actions, and politicians, concerned about the unchecked power of the executive branch, began to advocate for change. The charge was led by California Congressman John Moss, who spent over a decade fighting entrenched bureaucratic resistance. He argued that secrecy was the "first-born of authoritarianism." After years of legislative battles, President Lyndon B. Johnson reluctantly signed the Freedom of Information Act into law on July 4, 1966. The law fundamentally flipped the script: now, the default was disclosure. The burden of proof shifted from the citizen having to show a "need to know" to the government having to prove a specific, legally defined reason for withholding information. The Act was significantly strengthened after the `[[watergate_scandal]]` exposed the dangers of government secrecy. The 1974 amendments overrode a presidential veto by Richard Nixon's successor, Gerald Ford, to narrow the scope of exemptions, set time limits for agency responses, and impose disciplinary measures for officials who wrongfully withheld information. Later, the `[[electronic_freedom_of_information_act_amendments_of_1996]]` (E-FOIA) brought the law into the digital age, requiring agencies to make records available in electronic formats. ==== The Law on the Books: Statutes and Codes ==== The entire framework for your right to access federal records is built upon a single, powerful statute. * **[[5_u.s.c._§_552]] - The Freedom of Information Act:** This is the heart of the law. Its opening declaration sets the tone: the public has a right to information about "the people's business." It mandates that federal agencies must make their records "promptly available to any person" who makes a proper request. Crucially, it also lists the nine specific exemptions—the only reasons an agency can legally deny a request. We will explore these exemptions in detail later. * **[[privacy_act_of_1974]] - The Other Side of the Coin:** This law acts as a counterpart to FOIA. While FOIA is about giving you access to government records, the Privacy Act is about giving you access to—and control over—records the government keeps **about you**. It allows you to see what files agencies like the `[[social_security_administration]]` or the `[[department_of_veterans_affairs]]` have on you and to request corrections to any inaccuracies. Sometimes, when you request records about yourself, your request will be processed under both FOIA and the Privacy Act. * **[[government_in_the_sunshine_act]] - The "Open Meetings" Law:** A close relative of FOIA, the Sunshine Act doesn't deal with records but with meetings. It requires that meetings of multi-member federal agencies (like the `[[federal_elections_commission]]` or the `[[securities_and_exchange_commission]]`) be open to the public, ensuring that their decision-making process is transparent. ==== A Nation of Contrasts: Federal FOIA vs. State Public Records Laws ==== It's a common and critical point of confusion: the federal FOIA applies **only** to federal executive branch agencies (think `[[fbi]]`, `[[epa]]`, `[[department_of_defense]]`). It does **not** apply to your local police department, your state governor's office, or your city council. However, every state has its own version of FOIA, often called "public records laws" or "sunshine laws." These laws can be very different from the federal FOIA and from each other. Understanding this distinction is crucial to getting the records you need. ^ **Feature** ^ **Federal FOIA** ^ **California Public Records Act (CPRA)** ^ **Texas Public Information Act (TPIA)** ^ **New York Freedom of Information Law (FOIL)** ^ | **Who Can Request?** | Any person, anywhere in the world. | Any person. | "The public" - generally interpreted broadly. | Any person. | | **Response Time** | **20 business days** for initial determination. | **10 days** to determine if records will be disclosed. | **10 business days** to either produce records or seek an Attorney General opinion. | **5 business days** to acknowledge receipt, **20 business days** to grant or deny. | | **Key Exemptions** | Nine specific exemptions, including national security, trade secrets, and personal privacy. | Broad exemptions for law enforcement investigatory files, records pertaining to pending litigation, and a "public interest" balancing test. | Over 50 exceptions, with a strong focus on protecting law enforcement and competitive business information. | Specific exemptions, including unwarranted invasion of personal privacy and endangering life or safety. | | **Appeals Process** | Administrative appeal to the agency, then lawsuit in federal court. | Lawsuit in state court. No formal administrative appeal is required. | Appeal to the Texas Attorney General, then a lawsuit in state court. | Administrative appeal to the head of the agency, then an "Article 78 proceeding" in state court. | | **What this means for you:** | If you want FBI or CIA records, you use the federal FOIA process. The timeline is longer, but the rules are uniform nationwide. | If you want LAPD records or documents from the Governor's office, you use the CPRA. The process is faster but has different exemption rules. | Texas has a unique process involving its Attorney General as a gatekeeper for many denials, adding an extra layer to the process. | If seeking records from the NYPD or a state agency in Albany, you must follow the specific timelines and appeal procedures of New York's FOIL. | ===== Part 2: Deconstructing the FOIA Process ===== ==== The Anatomy of a Perfect FOIA Request: Key Components Explained ==== An agency isn't obligated to answer questions or create new records for you. A FOIA request is a formal demand for existing, identifiable records. To be successful, your request must contain several key elements. === Element: It Must Be in Writing === A phone call is not a FOIA request. Your request must be a physical or digital document. This creates a clear record of when you sent it and exactly what you asked for. Most agencies now have online portals which are the preferred method, but email and physical mail are also valid. === Element: Reasonably Describe the Records Sought === This is the single most important part of your request and where many requesters fail. You cannot simply ask for "all documents related to government waste." That is too broad. You must provide enough detail for a professional employee familiar with the subject to locate the records with a reasonable amount of effort. * **Bad Example:** "All records on the F-35 fighter jet program." * **Good Example:** "All final contracts between the Department of Defense and Lockheed Martin related to the F-35's avionics system, from January 1, 2020, to December 31, 2022." * **Pro Tip:** Be as specific as possible. Include keywords, date ranges, contract numbers, office or personnel names, and the type of record (e.g., "emails," "memos," "reports") if you know them. === Element: Sent to the Correct Agency === If you send a request for FBI files to the Environmental Protection Agency, they will simply reject it (or, if they are helpful, forward it, causing long delays). Before you write, do your homework to determine which agency is most likely to hold the records you want. Visit the agency's website; most have a dedicated "FOIA" section that explains the types of records they maintain. === Element: Agreement to Pay Fees === Agencies can charge fees for search, review, and duplication costs. Your request letter must include a statement about your willingness to pay fees up to a certain amount (e.g., "I am willing to pay fees up to $25"). This prevents the agency from having to contact you for authorization, which saves time. You can also request a fee waiver, which we'll discuss below. ==== The Players on the Field: Who's Who in the FOIA Process ==== * **The Requester:** That's you! You are the initiator and the driving force behind the request. Your job is to be clear, specific, and persistent. * **The Agency FOIA Officer/Liaison:** This is the professional at the agency who receives, logs, and processes your request. They are not your adversary; they are a public servant tasked with following the law. They coordinate the search for records within the agency and make the initial determination on what can be released. * **The Office of Government Information Services (OGIS):** Think of OGIS as the federal FOIA Ombudsman. If you run into a dispute with an agency, OGIS can provide mediation services to help resolve the issue before you have to file a lawsuit. Their services are free and a valuable resource. * **The Agency's General Counsel:** The agency's lawyers get involved when a request is complex, involves sensitive information, or when you file an administrative appeal or a lawsuit. They provide the legal justification for any redactions or denials. ===== Part 3: Your Practical Playbook ===== ==== Step-by-Step: How to File an Effective FOIA Request ==== Filing a FOIA request can seem intimidating, but it's a straightforward process if you follow a clear plan. === Step 1: Identify the Right Agency and Do Your Research === Before you write a single word, figure out who has the documents. If you're interested in immigration policy, look at the `[[department_of_homeland_security]]` and its components like `[[ice]]` and `[[cbp]]`. If you're interested in workplace safety, look at the `[[occupational_safety_and_health_administration]]`. Check the agency's FOIA website for a "FOIA library" (sometimes called an "electronic reading room") where they post previously released records. The information you want might already be public! === Step 2: Draft Your Request Letter === Your letter should be professional, clear, and concise. Don't include opinions or arguments; just state what you want. - **Start with a clear subject line:** "Freedom of Information Act Request." - **Address it to the agency's FOIA office.** - **Introduce the request:** "Pursuant to the Freedom of Information Act, 5 U.S.C. § 552, I hereby request access to the following records." - **Describe the records:** This is the core of your letter. Use bullet points or a numbered list for clarity. Be as specific as possible (date ranges, keywords, etc.). - **Address the format:** "I request that records be provided in their original electronic format, if available." - **Include your fee statement:** "I am willing to pay fees up to $50. If the fees are projected to exceed this amount, please contact me before proceeding." - **Request a fee waiver (if applicable):** See the next section. - **Provide your contact information:** Full name, mailing address, email, and phone number. === Step 3: Determine Your Fee Status and Request a Waiver === FOIA divides requesters into three categories for fees: - **Commercial Use:** Charged for search, review, and duplication. - **Educational/Non-Commercial Scientific Institution or News Media:** Charged for duplication only (the first 100 pages are free). - **All Others:** Charged for search and duplication only (the first 2 hours of search time and 100 pages are free). You can also request a **public interest fee waiver**. To qualify, you must demonstrate that disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in your commercial interest. You must explain how you will disseminate the information to the public (e.g., through a blog, publication, or public report). === Step 4: Submit the Request === The best way to submit is through the agency's online FOIA portal. This provides an instant confirmation and a tracking number. You can find a list of all federal agency FOIA contacts and portals at FOIA.gov. If a portal is not available, email or certified mail are the next best options. === Step 5: Track Your Request and Await a Response === By law, the agency has **20 business days** to respond. This does not mean they must provide the records in 20 days; it means they must send you a determination letter acknowledging your request and informing you of their decision. Due to backlogs, many agencies miss this deadline. This is known as a `[[constructive_denial]]`, and it legally gives you the right to file an appeal, though it's often better to first follow up politely with the FOIA officer. === Step 6: Understand the Agency's Response === You will receive one of several types of responses: - **Full Grant:** They found the records and are providing them all. - **Partial Grant/Partial Denial:** They found records but are withholding some information (redacting parts) or some entire documents based on the nine exemptions. They must tell you which exemptions they are applying. - **Full Denial:** They are withholding all responsive records, citing specific exemptions. - **"No Records" Response:** They searched but found no documents matching your description. - **Procedural Responses:** They may ask for more information to clarify your request or ask for a fee commitment. === Step 7: File an Administrative Appeal === If you receive a partial or full denial, or if the agency fails to respond in time, you have the right to file an administrative appeal. You must send a letter to the agency's designated FOIA appeals office (the denial letter will tell you where) within 90 days. In your appeal, you should state clearly why you believe the agency's denial was improper. For example, you can argue they misinterpreted your request, applied an exemption incorrectly, or conducted an inadequate search. This is a critical step you must take before you can sue the agency in court. ==== Essential Paperwork: Key Forms and Documents ==== * **The FOIA Request Letter:** This is the foundational document. While there's no official "form," numerous templates are available online from organizations like the National Freedom of Information Coalition (NFOIC) or the Reporters Committee for Freedom of the Press (RCFP). The key is to be clear, specific, and professional. * **The Fee Waiver Request:** This is not a separate form but a section within your main request letter. You must make a compelling argument that releasing the records serves the public's understanding of government and is not for your commercial benefit. * **The Administrative Appeal Letter:** This is your chance to argue your case directly to a higher authority within the agency. It should clearly identify the initial request, state the grounds for the appeal, and argue why the withheld information should be released. ===== Part 4: The Nine Exemptions - Why a FOIA Request Gets Denied ===== An agency cannot deny a FOIA request simply because it's inconvenient or embarrassing. It must invoke one or more of nine specific exemptions laid out in the statute. Understanding these is key to crafting a successful request and appealing a denial. ==== Exemption 1: National Security ==== This protects information that is properly classified as secret in the interest of national defense or foreign policy. This is the most powerful and difficult exemption to overcome. * **Example:** A request for CIA operational plans in a foreign country would be denied under Exemption 1. ==== Exemption 2: Internal Agency Rules ==== This covers records related solely to an agency's internal personnel rules and practices. * **Example:** An agency's rules on employee lunch breaks or vacation policies. This is a relatively minor exemption. ==== Exemption 3: Information Exempted by Other Statutes ==== This acts as a catch-all for information that other federal laws declare to be confidential. * **Example:** The `[[internal_revenue_code]]` prohibits the IRS from releasing an individual's tax return information, so a request for your neighbor's tax records would be denied under Exemption 3. ==== Exemption 4: Trade Secrets ==== This protects confidential business information, such as trade secrets or commercial/financial information, that a company has submitted to the government. * **Example:** A request for the secret formula for a product that a company provided to the `[[food_and_drug_administration]]` for approval. ==== Exemption 5: Inter-agency or Intra-agency Memoranda ==== This is one of the most frequently used and complex exemptions. It protects internal government deliberations, advice, and recommendations to encourage frank discussion among officials. It's often called the "deliberative process privilege." * **Example:** A draft of a new regulation, or a memo from a junior staffer to a cabinet secretary giving their opinion on a policy decision. ==== Exemption 6: Personal Privacy ==== This protects personnel, medical, and similar files where disclosure would constitute a "clearly unwarranted invasion of personal privacy." The agency must balance the public's interest in the information against the individual's privacy interest. * **Example:** A request for the home addresses or medical information of all federal employees would be denied. ==== Exemption 7: Law Enforcement Records ==== This is a broad exemption with six sub-parts covering records compiled for law enforcement purposes, but only if releasing them would cause a specific harm, such as interfering with an ongoing investigation, revealing a confidential source, or depriving someone of a fair trial. * **Example:** A request for the FBI's entire file on an open criminal investigation. ==== Exemption 8: Financial Institution Records ==== This protects records related to the supervision of banks and other financial institutions. * **Example:** A report from the `[[federal_reserve]]` about its examination of a specific bank's solvency. ==== Exemption 9: Geological and Geophysical Information (Well Data) ==== This is the most obscure exemption, designed to protect the valuable geological data of oil and gas companies, such as maps of well locations. ===== Part 5: The Future of FOIA ===== ==== Today's Battlegrounds: Current Controversies and Debates ==== Even decades after its passage, FOIA remains a subject of intense debate. * **The FOIA Logjam:** Most agencies are inundated with requests, leading to massive backlogs and response times that stretch for months or even years, far beyond the 20-day statutory limit. This is a de facto denial of information for those who need it in a timely manner. * **Overuse of Exemptions:** Critics argue that agencies increasingly overuse broad exemptions, especially Exemption 5 ("deliberative process") and Exemption 7 ("law enforcement"), to withhold politically sensitive or embarrassing information that does not pose a legitimate harm. * **The Rise of the "Glomar" Response:** Taken from a case involving a ship built for the CIA, a `[[glomar_response]]` is when an agency refuses to confirm or deny the existence of records. They often use it in national security or intelligence matters, effectively shutting down any inquiry. * **Digital Records Challenges:** How does FOIA apply to modern forms of communication like text messages, instant messages, or social media posts on government officials' personal devices? This is a major area of legal conflict. ==== On the Horizon: How Technology and Society are Changing the Law ==== The future of government transparency will be shaped by technology. * **AI in FOIA:** Artificial intelligence holds the potential to revolutionize the FOIA process. AI could be used to search for records more efficiently and to perform initial redactions, potentially speeding up response times. However, this also raises concerns about algorithmic bias and whether a machine can properly apply the law's public interest balancing tests. * **Proactive Disclosure:** The law encourages "proactive disclosure," where agencies post high-interest records online without waiting for a request. As technology makes this easier, the push for "disclosure-by-default" will grow, potentially reducing the need for individual requests. * **Data vs. Documents:** Requesters are increasingly seeking not just documents, but massive raw datasets from government agencies. This challenges agencies' technical capabilities and raises new questions about how to properly redact personal information from large databases before release. The tension at the heart of FOIA—between the public's right to know and the government's need to protect certain sensitive information—will never disappear. But as a tool for democracy, the Freedom of Information Act remains as vital as ever. ===== Glossary of Related Terms ===== * **Agency Record:** Any document, in any format, that is created or obtained by a federal agency and is under the agency's control at the time of the FOIA request. * **Administrative Appeal:** The formal process of asking an agency to reconsider its decision to deny a FOIA request, which is a prerequisite to filing a lawsuit. * **Constructive Denial:** An agency's failure to respond to a FOIA request within the statutory time limit, which legally allows the requester to proceed as if the request had been denied. * **Expedited Processing:** A request to have your FOIA request put at the front of the line, granted only in cases of a compelling need, such as an imminent threat to life or a reporter facing a deadline. * **Exemption:** One of the nine specific reasons defined in the FOIA statute that allows an agency to withhold records from the public. * **[[glomar_response]]:** An agency's statement that it can "neither confirm nor deny" the existence of responsive records. * **OGIS (Office of Government Information Services):** The federal FOIA ombudsman, which provides mediation services to resolve disputes between requesters and agencies. * **[[privacy_act_of_1974]]:** A federal law that governs the collection and use of records that the government maintains about individuals. * **Public Records Law:** The generic term for a state-level law that provides public access to the records of state and local government agencies. * **Redaction:** The process of blacking out or removing exempt information from a document before it is released to the requester. * **[[vaughn_index]]:** A detailed document that an agency must prepare in a FOIA lawsuit, which identifies each withheld document and explains the specific exemption justifying its withholding. ===== See Also ===== * [[privacy_act_of_1974]] * [[government_in_the_sunshine_act]] * [[administrative_law]] * [[first_amendment]] * [[whistleblower_protection_act]] * [[separation_of_powers]] * [[federal_agency]]