Request Records Through the Freedom of Information Act (2024)

FAQs

How do I make a successful FOIA request? ›

generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions.

Under the statute, federal agencies are required to respond to a FOIA request within twenty working days, excluding Saturdays, Sundays, and legal holidays. This period does not begin until the request is actually received by the component that maintains the records sought.

We will deny a FOIA request, in whole or in part, only if the information is covered by one of the nine exemptions listed above, and (1) a statute or Executive order prohibits disclosure or (2) release of the information could be harmful to an individual, a business, or the Government.

Dear Sir/Madam: This is a request under the Freedom of Information Act. I request that a copy of the following document(s) be provided to me: [identify the documents as specifically as possible. i.e. all investigative records concerning ABC company, located at 555 Main Street, City, State, in the years 1997-1999.

Agencies can no longer withhold “intra-or inter-agency communications” that could otherwise be withheld under FOIA Exemption 5 alone if the internal documents are more than 25 years old.

What is the purpose of FOIA? The FOIA gives a person the right to request access to Federal records.

Personal and Agency Litigation – Failure to comply with a FOIA request can result in a lawsuit being filed against you or your agency to compel the release of the requested information.

To be valid it must be in writing, it must state the requestor's real name, include an address for correspondence and it must also offer a clear description of the information requested.

What are the different types of FOIA requests? ›

If only a portion of a document concerned the topic of a request, a common practice has been for an agency to process only the responsive portion and redact the other portions as “non-responsive” or “outside the scope” of the request.

The agency will typically search for records in response to your request and then review those records to determine which - and what parts of each - can be released. The agency will redact, or black out, any information protected from disclosure by one of the FOIA's nine exemptions.

The FOIA does not exempt those using private computers from the requirements of the Freedom of Information Act. If an e-mail meets the definition of “public record,” then it may be subject to the FOIA regardless of the location where the e-mail originated.

Federal records are all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business.

Track all time and response deadlines carefully. If the agency denies your request or does not respond within the required time period, you can appeal to the agency's FOIA Appeals Officer. If the agency sent you a denial letter, it should set out the agency's appeal procedures.

Dear FOIA Officer: This is a request for records under the Freedom of Information Act [or Privacy Act]. I am requesting [please describe the documents you seek in as much detail as possible. Include any file names or file numbers, if applicable.

If a FOIA request is denied, either in whole or in part, the requesting party may appeal the decision to the Office of Information and Privacy, Department of Justice. Information on how to appeal a denial of a FOIA request is available on the Office of Information and Privacy website at www.justice.gov/oip.

Each state has its own public access laws that should be consulted for access to state and local records. The main purpose of the law is to ensure an informed citizenry and provide a check against corruption by holding the government accountable.