What is the Freedom of Information Act?
Enacted in 1967, the Freedom of Information Act (FOIA) was designed to give the public greater access to government records. The main purpose of the law is to ensure an informed citizenry and to provide a check against corruption by holding the government accountable.
What kind of information can I request?
Simply put, you can request any federal agency record. You can even specify the format (print or electronic) you would like.
Remember that FOIA requests are requests for documents and records. You will have to read, analyze, and interpret them yourself, Agencies will NOT
- Do research - You cannot ask a question and expect an answer.
- Synthesize information from multiple sources
- Tell you what the information means
While FOIA covers a lot of information, not all information is subject to FOIA. It applies to U.S. federal government agencies only. It does not apply to Congress, the courts, or state or local governments. Other exemptions from FOIA include:
- Records that have been classified for national security,
- Trade secrets or commercial or financial information that is confidential or privileged.
- Information that, if revealed, would invade another individual's right to privacy
- Information that would impede, interfere or endanger law enforcement investigations and personnel
VIDEO: What are FOIA exemptions?
Does FOIA apply to city, county, and state government records?
No, as we said above, FOIA pertains to federal government agencies only. However, many states, including Texas, have laws similar to FOIA. The Texas Public Information Act allows anyone, even nonresidents, to request public records in writing via mail, email, or in person to the appropriate state agency. Agencies are not permitted to inquire about the purpose of the request.
How do I make a FOIA request?
Before you make a FOIA request, you need to determine IF you need to make one. In other words, you need to do some serious research to make sure that the information you seek is not already available.
There is no central location to send requests. You submit requests in writing (by letter, email, or online form) to the specific agency holding the information you seek.
Learn more: Best Practices - Filing a FOIA Request (nationalarchives.gov)
Sample FOIA Letters: requests, appeals, fee waivers, and more (National Freedom of Information Coalition)
Best Resource: FOIA.gov - learn about the process, find public records and agencies, start a request, and much more
How long does it take to get a response?
The Freedom of Information Act requires federal agencies to respond within 20 working days of receiving a request. Saturdays, Sundays, and legal holidays do not count. The clock starts when the specific agency holder receives the request, so for best results, do your research to make sure you are making your FOIA request to the correct agency. Under some circumstances, agencies may extend response time by an additional ten working days.
For Texas Public Information Act requests, the number of working days is not specified, only that agencies must respond "promptly." According to the Texas Attorney General's website, "if a governmental body will take longer than ten business days to produce the requested information," it must let you know how long it will take for the info to be released.
How much does it cost?
There is no cost for the initial FOIA request and many agencies do not charge for processing, but agencies can charge for copying and the time it takes to search and retrieve the requested records. If the estimated cost exceeds $25.00, agencies will notify the requestor in writing of the estimated cost and allow them to narrow the request to reduce costs. VIDEO: How much does it cost to make a FOIA request?
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