FOIA

FOIA

File:FOIA logo.svg

The public's right to know - codified since 1967

FOIA (Freedom of Information Act) is the federal law that gives the public the right to request access to records from federal agencies. State equivalents go by various names: FOIL (New York), PRA (California), Open Records (Texas).

Core Principles

• All federal agency records are presumptively public
• Agencies must respond within 20 business days
• Nine specific exemptions allow withholding
• Denials can be appealed administratively, then to court
• Fee waivers available for journalists and researchers

The Request

What You Need

1. Agency identification: Which agency has the records?
2. Record description: Specific enough to locate, not so narrow you miss things
3. Fee category: Commercial, educational, news media, or other
4. Fee waiver request: Explain public interest if applicable

Request Template

[Your Name]
[Address]
[Email]
[Date]

Freedom of Information Officer
[Agency Name]
[Agency Address]

Re: Freedom of Information Act Request

Dear FOIA Officer:

Pursuant to the Freedom of Information Act, 5 U.S.C. § 552,
I request access to and copies of:

[Specific description of records sought]

For records dated between [start date] and [end date].

I am a [journalist/researcher] and request a fee waiver because
disclosure of this information is in the public interest and will
contribute significantly to public understanding of [topic].
I am not seeking this information for commercial purposes.

I am willing to pay fees up to $[amount]. Please contact me
before processing if fees will exceed this amount.

If you determine that portions of the requested records are
exempt, please provide me with an index of withheld material
as required by Vaughn v. Rosen.

I look forward to your response within 20 business days as
required by law.

Sincerely,
[Your Name]

Strategy

Before Filing

• Check reading rooms: Many agencies post frequently requested records online
• Search prior requests: MuckRock and Government Attic have thousands
• Talk to FOIA officers: A conversation can clarify what exists and how to describe it
• Request file indices first: Understand what's in a file before requesting everything

Writing Requests

Be specific but not too specific:

• Bad: "All documents about the program"
• Bad: "Email from John Smith to Jane Doe on March 15, 2023"
• Good: "Contracts between [Agency] and [Company] from 2020-2024"
• Good: "Emails between [Office] and [Stakeholder group] regarding [Topic], 2022-2023"

Request records, not answers:

• Wrong: "What is the agency's policy on X?"
• Right: "Documents reflecting the agency's policy on X"

Managing the Process

• Track all requests in a spreadsheet
• Note statutory deadlines
• Follow up at day 25 if no response
• Document all communication

Exemptions

Exemption	Covers	Challenge Strategy
(b)(1)	National security classified	ISCAP appeal for older records
(b)(2)	Internal personnel rules	Rarely applies broadly
(b)(3)	Other statutes	Depends on specific statute
(b)(4)	Trade secrets	Companies often overclaim
(b)(5)	Privileged communications	Most commonly invoked, most abused
(b)(6)	Personal privacy	Balance test favors disclosure
(b)(7)	Law enforcement	Multiple subparts, complex
(b)(8)	Financial institution reports	Rarely encountered
(b)(9)	Geological data	Very narrow

(b)(5) is the "withhold it because we want to" exemption. Covers deliberative process, attorney-client, attorney work product. Agencies apply it too broadly. Challenge it.

Appeals

When a request is denied or inadequately processed:

1. Administrative appeal: Required before court
2. OIP Dispute Resolution: OGIS can mediate
3. Litigation: Federal court, de novo review

Appeal Template

[Your Name]
[Address]
[Date]

Chief FOIA Officer
[Agency Name]
[Address]

Re: FOIA Appeal - Request No. [FOIA-20XX-XXXXX]

Dear Chief FOIA Officer:

I am appealing the [partial denial/full denial/inadequate search]
of my FOIA request dated [date], tracking number [number].

The agency improperly withheld records under Exemption [X] because:

[Specific argument why exemption doesn't apply or was misapplied]

I request that the agency conduct a new search because:

[If challenging search adequacy]

Pursuant to 5 U.S.C. § 552(a)(6)(A), I expect a determination
within 20 business days.

Sincerely,
[Your Name]

Tools

MuckRock:

• File and track requests
• Search 100,000+ completed requests
• Community of requesters

FOIA.gov:

• Central portal for many agencies
• Request tracking
• Agency contact information

FOIAonline:

• Multi-agency portal (EPA, Commerce, etc.)
• Request status tracking
• Document review

State Records

Every state has its own public records law:

• New York FOIL: 5 business days for determination
• California PRA: 10 days, extendable to 24
• Texas Open Records: 10 business days
• Florida Sunshine: No specific timeline, generally quick

State laws often cover local governments too. Check specific statutes.

Costs

Agencies can charge for search, review, and duplication:

Requester Category	Search	Review	Duplication
Commercial	Charged	Charged	Charged
Educational/Scientific	Free (2 hrs)	Free	Free (100 pages)
News Media	Free	Free	Free (100 pages)
Other	Free (2 hrs)	Free	Free (100 pages)

Fee waivers: Available when disclosure primarily benefits the public. Journalists usually qualify.

Timeline Reality

Statutory deadlines are often aspirational:

Stage	Law Says	Reality
Initial response	20 days	Often 30-60 days
Complex track	+10 days	Often 6-18 months
Appeal decision	20 days	Often 60-180 days
Litigation	18-24 months	Highly variable

Plan accordingly. File early. File often.

Related

• Journalism - Broader journalism practice
• Data Journalism - Using records as data
• Source Handling - Protecting sources

References

• RCFP FOIA Resources
• National Freedom of Information Coalition
• National Security Archive