The Freedom of Information Act provides the public the right to request access to records from any federal agency. Put into effect in 1967, it allows citizens to know what is going on in the government.

Federal agencies are required, by the FOIA, to disclose any information requested unless it falls under one of nine exemptions protecting interests like personal privacy, national security and law enforcement.

Under the FOIA, agencies are required to post certain records online, including frequently requested records. Agencies are only allowed to withhold information that would harm an interest protected by an exemption or information that is protected by law. The Office of Information Policy is responsible for issuing guidance on the FOIA.

Before making a request, you will want to look to see if the information is already publicly available. If not, you can submit a request to the agency’s FOIA office.

In your request, you will want to put in writing what records you seek. Most agencies now accept FOIA requests electronically now by a web form, email or fax. You may not only request what record you would like to receive, but the manner in which you would like it delivered. For example, whether you would like a hard copy or an electronic copy.

It is important to note, the FOIA does not require agencies to create new records or conduct research, analyze data or answer questions when responding to such request.

Although response time varies, agencies will process requests in the order they receive them. For more complex or difficult requests, the time may take longer than with a simple, straightforward request. Some complex requests may involve gathering records from different agencies and different locations, explaining why it may take longer.

If you need help submitting a Freedom of Information Act request, our experienced attorneys can assist you. Call our offices today to find out how we can help you.