The Freedom of Information Act (FOIA) is a federal law designed to facilitate transparancy in government. It was enacted in the 1960s under President Lyndon B Johnson and focuses on executive branch federal agencies. The FOIA requires the proactive posting of information and the timely release of information when requested. The FOIA also makes distinctions between public and protected records. Notes below cover FOIA basics.

Central FOIA website

Who can make a FOIA request

  • anyone except
    • figutives
    • foreign governments
  • request
    • be in writing
    • describe records
    • comply with agency law/regulation
    • no justification
  • federal agencies are not people
    • can’t make FOIA requests

Records subject to FOIA

  • any record
    • created
    • obtained
  • under control of agency
    • at time of request
  • distinct from
    • personal employee records
    • congressional records

Time limit for FOIA

  • 20 working day request response
  • legally defined unusual circumstances
    • 10 + 20 days
  • expedited processing by request
  • agencies have individual regulations

FOIA is primary means to access government information - prompt response is important

Searching for responsive records

  • conduct search with FOIA professionals
  • cooperate with search responses
  • need clear understanding of request
  • best effort search to uncover records
    • responsive records
    • paper and electronic
    • email, phone, fac

Conducting a search

  • search has a detailed FOIA definition
  • search keywords defined in request
  • document search
    • search terms and date ranges
    • staff consulted
    • time dedicated to search
    • locations searched
    • records found
    • used to review request
  • the document search from FOIA
    • needs to be archived
    • can be requested in FOIA

Document review by FOIA officials

  • check for protected records
  • 9 categories of protected info
  • officials decide on disclosure of records
  • exemptions
    • national security info
    • internal HR info
    • info protected by law
    • trade secretes and commercial info
    • records protected by civil privileges
    • info that will invade personal privacy
    • law enforcement and judiciary info
    • financial institution info
    • geological info

Proactively disclosing records

  • policy documents
  • manuals and instructions
  • agency orders and legal outcomes
  • records released by prior FOIA