FOIA serves to make "federal agency" "records" available to "any person" upon request.
Definition of "Federal Agency"
FOIA defines an agency as “any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.” When determining whether an organization qualifies as an agency, a court will examine its charter and function, focusing specifically on whether the organization “evaluat[es] federal programs.” The Supreme Court has also noted that, in the context of Government controlled corporations, “a threshold showing of substantial federal supervision of the private activities” is required before characterizing an entity as “federal” for some purpose.”
Definition of Records
The term “records” is not defined within the Freedom of Information Act. Case law dictates that “material created or obtained by an agency” constitutes a “record” under FOIA. Other definitions promulgated by courts recognize material controlled by an agency and material made or utilized in performance of an agency’s function or decision-making process as “agency records.” Federally funded data can also be construed as falling within the “agency record” classification. It has been consistently held that items that cannot be copied or reproduced and personal notes of agency officials are not records for the purposes of FOIA.
Definition of "Any Person"
One is not required to be a U.S. citizen in order to avail of FOIA’s broad grant of public access to information. An individual’s entity or status has no bearing on their right to petition for government records. Even a corporation may make a request. Similarly, an individual’s motives are irrelevant in ascertaining the validity of his or her claim to documents. The requestor need not have a personal stake in the information sought. However, only the person whose name appears on a request for records has standing to litigate its denial.