How to File a FOIA Request
Individuals seeking to make a FOIA request may attempt to do so through an informal telephone call to the applicable agency. However, agencies will generally require a written request via letter or, increasingly, email. Filing a written request is the only way to establish legal rights to government records under FOIA.
What Should a FOIA Request Include?
A FOIA request must “reasonably describe” the information desired and be made in accordance with an agency’s published rules “stating the time, place, fees…and procedures to be followed."
FOIA requests should contain the following ten elements:
(1) An identification of the party/parties making the request for agency records.
(2) A “reasonable description” of the subject matter of the records requested.
(3) [A citation to] FOIA as the source of authority.
(4) A fee waiver request or an offer to pay reasonable fees for actual search time and reproduction of the documents.
(5) A ceiling dollar amount for the request.
(6) A request for response within ten working days.
(7) A claim that the documents are publicly available and not exempt.
(8) A reminder that all requested records that are not explicitly covered by exemptions must be disclosed.
(9) A request for a detailed explanation in case of withholding, redaction, or denial and a list of the records that were not released.
(10) If the records fall under more than one of the exemptions, a statement of public interest and a reminder that the agency can disclose at its discretion even when no legal obligation exists.
FOIA requests should be drafted with precision and specificity. Giving an agency broad processing discretion can generate less thorough responses. Due to institutional pressures, requests will be interpreted in a manner that minimizes the agency’s burden. Tactics for maximizing the amount of information received under FOIA include indentifying records sought by name and describing the search requested.
FOIA requests should contain the following ten elements:
(1) An identification of the party/parties making the request for agency records.
(2) A “reasonable description” of the subject matter of the records requested.
(3) [A citation to] FOIA as the source of authority.
(4) A fee waiver request or an offer to pay reasonable fees for actual search time and reproduction of the documents.
(5) A ceiling dollar amount for the request.
(6) A request for response within ten working days.
(7) A claim that the documents are publicly available and not exempt.
(8) A reminder that all requested records that are not explicitly covered by exemptions must be disclosed.
(9) A request for a detailed explanation in case of withholding, redaction, or denial and a list of the records that were not released.
(10) If the records fall under more than one of the exemptions, a statement of public interest and a reminder that the agency can disclose at its discretion even when no legal obligation exists.
FOIA requests should be drafted with precision and specificity. Giving an agency broad processing discretion can generate less thorough responses. Due to institutional pressures, requests will be interpreted in a manner that minimizes the agency’s burden. Tactics for maximizing the amount of information received under FOIA include indentifying records sought by name and describing the search requested.
What Fees are Associated with a FOIA Request?
Each agency promulgates regulations specifying the fee schedule applicable to the processing of FOIA requests, as well as guidelines for determining when fees should be waived or reduced. Agencies may recover reasonable, direct costs for document search, duplication, and review. Fees may not be charged in advance unless the requestor has previously failed to pay charges in a timely fashion.
What Happens Once a FOIA Request is Submitted?
Once a FOIA request is submitted, the relevant agency has twenty days to both decide whether to comply with the request and provide written notice of the determination to the requestor. If the agency chooses to comply, it must make files available to the requestor promptly. Adverse determinations may be appealed first to the head of the agency and subsequently through the court system. The agency head must make a determination with respect to any appeal within twenty days. Only 2% of FOIA determinations are administratively appealed.