FOIAdvocates is a project of FOIA attorneys David Bahr & Daniel Stotter designed to assist the public in gaining access to records from federal, state and local governments using the federal Freedom of Information Act (FOIA) as well as state and local public records laws. FOIAdvocates can assist you in making requests to obtain government records and provide legal assistance in pursuing administrative appeals and related litigation.
The FOIA Lawyers at FOIAdvocates have considerable experience in successfully prosecuting FOIA and state public record lawsuits in trial and appellate courts — experience dedicated to fostering citizen oversight of governmental activities and operations.
The FOIA Lawyers at FOIAdvocates have considerable experience in successfully prosecuting FOIA and state public record lawsuits in trial and appellate courts — experience dedicated to fostering citizen oversight of governmental activities and operations.
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The Freedom of Information Act (FOIA), 5 U.S.C. § 552, makes almost every record possessed by a federal agency disclosable to 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).
The Act provides that any person has a right which is enforceable in federal court, to maintain access to records of any federal agency, except for those documents which are exempt from disclosure by one of nine specific exemptions.
NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 136 (1975).
The Act provides that any person has a right which is enforceable in federal court, to maintain access to records of any federal agency, except for those documents which are exempt from disclosure by one of nine specific exemptions.
The first thing to do when making a request under the FOIA is to identify which agency (or branch of the agency) has the records you seek.
A FOIA request must be addressed to a specific agency, there is no central government records office that services FOIA requests.
Accordingly, take the time required to locate the office appropriate for your request.
If you're not sure, you can consult a government directory such as the United States Government Manual.
This manual has a complete list of all Federal agencies, a description of agency functions, and the address of each agency.
A FOIA request must be addressed to a specific agency, there is no central government records office that services FOIA requests.
Accordingly, take the time required to locate the office appropriate for your request.
If you're not sure, you can consult a government directory such as the United States Government Manual.
This manual has a complete list of all Federal agencies, a description of agency functions, and the address of each agency.
In our experience, it is common for FOIA requesters to assign their requests for fee waivers to a secondary status in the request letters, making it appear to be almost an afterthought.
This may not be a problem if one is requesting a document of only a few pages.
However, if you seek materials which run into thousands of pages in length-with associated search and/or duplication costs running into the thousands of dollars-a denial of a fee waiver request may be tantamount to a denial of access to the documents themselves.
This may not be a problem if one is requesting a document of only a few pages.
However, if you seek materials which run into thousands of pages in length-with associated search and/or duplication costs running into the thousands of dollars-a denial of a fee waiver request may be tantamount to a denial of access to the documents themselves.
What do you do when, after all of your best efforts and after you've exhausted all of your administrative options, yet the agency refuses to release the information?
You can then go to court.
You may also contest the type or amount of fees which you were charged.
Moreover, you can appeal any other type of adverse determination, including a rejection of a request for failure to describe adequately the documents being requested or a response indicating that no requested records were located.
Reviewing courts should undertake their analysis of FOIA requests by "recognizing the enduring beliefs underlying freedom of information laws: that an informed public is desirable, that access to information prevents governmental abuse and helps secure freedom, and that, ultimately, government must answer to its citizens."
You can then go to court.
You may also contest the type or amount of fees which you were charged.
Moreover, you can appeal any other type of adverse determination, including a rejection of a request for failure to describe adequately the documents being requested or a response indicating that no requested records were located.
Reviewing courts should undertake their analysis of FOIA requests by "recognizing the enduring beliefs underlying freedom of information laws: that an informed public is desirable, that access to information prevents governmental abuse and helps secure freedom, and that, ultimately, government must answer to its citizens."
I request that a copy of the following documents [or documents concerning the following subject matter] be provided to me: [identify the documents or information as specifically as possible].
In order to help to determine my status for purposes of determining the applicability of any fees, you should know that I am (insert a suitable description of the requester and the purpose of the request).
Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest.
In order to help to determine my status for purposes of determining the applicability of any fees, you should know that I am (insert a suitable description of the requester and the purpose of the request).
Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest.
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