The Complete Guide to Filing FOIA Requests
Step-by-step instructions for using the Freedom of Information Act to access government records.
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Understanding the Freedom of Information Act
The Freedom of Information Act (FOIA), enacted in 1966, establishes the public's right to access federal agency records. FOIA operates on the principle that government information belongs to the people, and agencies must provide records unless they fall under specific exemptions. This landmark legislation has been a cornerstone of government transparency for over five decades.
What Records Can You Request?
FOIA covers records held by federal executive branch agencies, including documents, emails, memos, reports, photographs, videos, and data files. You can request records about government programs, policies, contracts, investigations, and more. However, FOIA does not cover Congress, the federal courts, or records held by state and local governments (which have their own public records laws).
The Nine FOIA Exemptions
Agencies may withhold records that fall under these exemptions:
- Exemption 1: Classified national defense or foreign policy information
- Exemption 2: Internal agency personnel rules and practices
- Exemption 3: Information prohibited from disclosure by other federal laws
- Exemption 4: Trade secrets and confidential business information
- Exemption 5: Inter-agency or intra-agency privileged communications
- Exemption 6: Personal privacy information
- Exemption 7: Law enforcement records that could cause specified harms
- Exemption 8: Financial institution examination records
- Exemption 9: Geological and geophysical information about wells
How to Submit a FOIA Request
Most agencies accept FOIA requests online through FOIA.gov or their own portals. Your request should clearly describe the records you seek with enough specificity for the agency to locate them. Include your contact information and specify your preferred format for receiving records. You can also submit requests by mail, fax, or email depending on the agency.
Response Timelines and Fees
Agencies generally have 20 business days to respond to your request, though complex requests may take longer. Fees vary by requester category: commercial requesters pay search, review, and duplication costs; educational and news media requesters pay only duplication costs; other requesters pay search and duplication costs. Many agencies waive fees for small requests.
Appealing Denials
If an agency denies your request or you're unsatisfied with the response, you can file an administrative appeal. The appeal goes to a higher authority within the agency for reconsideration. If the appeal is denied, you may seek mediation through the Office of Government Information Services (OGIS) or file a lawsuit in federal court.
Key Takeaways
- FOIA establishes the public's right to access federal agency records.
- Nine exemptions allow agencies to withhold certain sensitive information.
- Submit requests through FOIA.gov or agency-specific portals.
- Agencies have 20 business days to respond; fees vary by requester type.
- You can appeal denials administratively or seek court review.
Frequently Asked Questions
Do I need to be a U.S. citizen to file a FOIA request?
No. Any person, regardless of citizenship or nationality, can file a FOIA request with federal agencies.
Can I request records about myself?
Yes, but requests for records about yourself may be better handled under the Privacy Act, which provides additional rights for accessing your own records. Many agencies process such requests under both FOIA and the Privacy Act.
Sources and Further Reading
- FOIA.gov - U.S. Department of Justice
- FOIA Guide - Office of Information Policy
- OGIS - National Archives