An Introduction to the Freedom of Information Act (FOIA)
The Freedom of Information Act (FOIA), 5 U.S.C. § 552, makes almost every record possessed by a U.S. federal agency viewable by the public, unless it is specifically exempted from disclosure or excluded from the Act's coverage. NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 136 (1975). In short, the Act provides that any person has a right to access records of any federal agency, except for those documents that are exempt from disclosure by one of nine specific exemptions.
States have similar acts that make their records and data public information. (See State Public Record Laws.) This page explains how you, with no legal training, may gain access to the workings of the agencies within the U.S. government by using FOIA.
The crux of FOIA is to make federal agencies accountable for policies and practices that govern the disclosure of information. While the Act does not grant an absolute right to examine government documents, it does establish the right to request records and to receive a response to the request. Pursuant to 5 USC §552(a)(6)(A)(i), you should within 20 days receive acknowledgment that the agency received your request. If a record cannot be released, you are entitled to be formally advised of the reason for the denial. You also have a right to appeal the denial and, if necessary, to challenge it in court. Thus your access to information of the U.S. federal government can no longer be controlled by the arbitrary or unreviewable actions of a hidden bureaucracy.
How to Request a FOIA
To be successful at requesting a FOIA, always follow these simple rules:
- Any time you speak with agency personnel on the telephone, get the name of that person. Make sure they know you are writing it down (e.g., ask for proper spellings, record the date and time of your conversation, etc.).
- After you speak with agency personnel on the telephone, send a quick letter that documents the points covered. Ask that he or she inform you immediately in writing if your recollection of the conversation is incorrect.
- Make copies of all correspondence (both sides) regarding your request. Hang onto these copies. You may need them.
These elementary points are fundamental to establishing the groundwork of a successful FOIA request. Surprisingly, they are often overlooked by otherwise savvy activists.
Ask for the information you want before you invoke the FOIA. If the requested information is denied, cite the FOIA and make sure your records are adequate for review at the next level as afforded by FOIA. If you fall into an argumentative posture with the agency, you are not likely to accomplish anything productive and you will probably tarnish the administrative record which you require to win on appeal.
To be fair, the role of the agency FOIA staffer is not always as straightforward as one would hope. And you should be prepared to wait -- government agencies aren't known for their speed. It is usually best to give the agency the benefit of the doubt the first time you encounter a problem with your request. In that situation, do what you can to work with the agency to facilitate resolution of the problem. However, if you continue to encounter resistance, it is probably safe to assume that the real obstacle is intentional agency opposition to disclosure and you should then do everything you can to make a good record for review. Should this happen, contact Born Free USA united with API for assistance.
Using the Internet
The most recent amendments to the Act are via The Electronic Freedom of Information Act Amendments of 1996. "Government agencies should use new technology to enhance public access to agency records and information." See P.L. No. 104-231, 101 Stat. 2422, Sec. 2(a)(1996). What this means is that if you have access to a computer with a modem and a web-browser, you may now get information from an agency's site on the Internet, thus avoiding the time and difficulty of submitting a written FOIA request. However, not all agencies have complied with the mandates set forth in the amendments as well as required by law. Sites of different agencies also offer a significant variability in quality and "user-friendliness."
Additional links to federal sites.
