How to Utilize FOIA

The Freedom of Information Act (FOIA) was passed in 1966, empowering the public to access government records. The purpose is to ensure transparency and accountability within the government. It has become a vital tool for journalists, researchers, activists, and ordinary citizens to scrutinize government actions and hold public officials accountable. This includes citizens utilizing FOIA to redress their own harms caused by the government.  

Before FOIA, government operations were often done in secrecy. As expected, this led to a lack of public trust and potential misuse of power. By mandating that federal agencies disclose information upon request (with certain exemptions), FOIA remedies those concerns, fostering a more open government.  

 The system is better, but not perfect. Oftentimes obtaining information can be slow and subject to an agency’s objections. Further, certain types of information remain off limits, such as classified documents or national security data. And agencies are only required to disclose those documents that fit explicitly within your request, which must be specific Thus, it is important to know how to utilize FOIA, and any limitations you might face. An experienced attorney can help guide you through this process.  

The first step in filing a FOIA request is identifying the correct agency. There are different agencies that handle different types of records. It is crucial to direct your request to the appropriate one. For example, if you’re looking for information on environmental regulations, you might contact the Environmental Protection Agency (EPA). If you’re interested in defense contracts, the Department of Defense (DoD) would be a more appropriate choice. Further within most agencies, they will have a designated FOIA office or officer responsible for handling FOIA requests. This is who you need to direct the request to. 

 The second step is drafting your FOIA request. The request must be clear and specific, allowing the agency to locate the records you are seeking. Otherwise, the agency may object to your request as being overly broad. You need to begin by stating that you are seeking information under FOIA. Then you need to describe the records you are seeking, providing as much detail as possible such as dates, subject matter, and types of documents. The request should also indicate whether you are willing to pay any fees associated with processing your request, or if you seek a fee waiver. This is because FOIA allows agencies to charge fees to cover the costs of searching for, reviewing, and duplicating records. Fee waivers may be granted if the request is in the public interest and not primarily for commercial purposes. 

 After this, the third step is submitting the request. This is when is important to know the exact office to send the request to. It will either be submitted via email, through an online portal, or through mail. Each agency will have their own specific instructions. When you submit your request, you should receive an acknowledgment from the agency, typically within a few days. This acknowledgment will often include a tracking number, which you can use to check the status of your request. 

The fourth and final step is the waiting game. Agencies typically have 20 business days to respond. Sometimes agencies will seek an extension as well. And when an agency does respond, it will occasionally be with a denial and written explanation. If the request is denied, in whole or in part, or if you believe the agency did not produce everything you were seeking, you have the right to appeal.  

Overall, FOIA is an important mechanism to access government information and hold the government accountable. It can be a complicated process, however, and hiring an attorney will guide you through this process.