Public records can add vital information to an investigation. But navigating FOIA requests can be tricky. Here’s a primer.
Public records are often an important piece of the puzzle for investigators and journalists. There can be a lot to navigate when it comes to requesting the information you need — not to mention the fact that federal agencies are handling thousands and thousands of FOIA requests per year. In fact, the Department of Homeland Security had almost 84,000 such requests that were either received, processed or pending in fiscal year 2021.
Let’s take a look at the FOIA process and detail best practices for submitting a successful request so that you can get the information you need.
A Brief Overview of FOIA
The Freedom of Information Act (FOIA), which was signed into law in 1966, grants the public the right to request access to records from any type of federal agency.
According to the United States Department of Justice, FOIA “is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions, which protects interests such as personal privacy, national security, and law enforcement.”
The Details of a FOIA Request
In most cases, any person (regardless of U.S. citizenship) can make a FOIA request. Since there is no central office that handles the hundreds of thousands of FOIA requests per year, it is up to each agency or department to process and respond to each request. As of March 2021, there are 119 federal agencies that are subject to FOIA.
Federal agencies are required by law to respond to a FOIA request within 20 business days (excluding weekends and legal holidays). The 20-day period begins when the agency receives the request. It’s important to note that the agency may request an extension depending on the circumstances. If a government agency doesn’t comply, the next step may be legal action.
If you’re looking for specific FOIA paperwork, you won’t find any, as there are no specific forms. The only stipulation is that the request must be submitted in writing to the agency’s FOIA office. Many agencies now accept requests electronically. The agency search function on the FOIA website is a good place to start.
Best Practices for Submitting a FOIA Request
Ready to get started? Keep these best practices in mind (source: archives.gov):
- Know what you’re looking for. In a FOIA request, you can’t ask questions or request an explanation. Make sure to conduct research ahead of time so that you can figure out the exact information you need.
- Be specific and concise. Include details, such as dates (or ranges), keywords, phrases or anything else you believe would help the agency fulfill your request — but do so concisely. Remember, agencies are often fielding numerous FOIA requests at once.
- Understand the type of information you can’t request. It’s important to remember that most, but not all, public records are available to request under FOIA. There are nine exceptions, some of which include classified matters related to national security, information that would invade someone’s personal privacy, or details that could harm a law enforcement investigation. In addition, an agency may fulfill your request but redact certain parts of the information if it falls under one of the nine exceptions.
- Know where to send your FOIA request. There is no one centralized office that fields FOIA requests, which may mean you need a dig a bit to figure out where exactly to send your paperwork.
You Submitted a FOIA Request — Now What?
Once you submit the FOIA request, it’s now a waiting game. But keep these points in mind:
- You should receive a response within 20 days. As we mentioned, federal agencies must respond within 20 days, but unfortunately, delays are common. At the very least, the agency should send you a response acknowledging your request, along with a tracking number.
- Follow up when needed. If it’s past the 20-day mark, don’t hesitate to follow up. Make sure to have the tracking number handy, and remember to use a patient, courteous tone when discussing your request.
- If needed, you can file an appeal. If you receive a response that does not meet your satisfaction (whether it’s a denial or just part of a fulfilled request), you have the right to file an appeal.
What to Do Once You Have Your Information
Once you (hopefully) have what you need, it’s important to practice responsible data retention and storage. This will depend on whether the information you receive is a physical or digital copy (you can request either, although electronic versions may not be available, depending on what you’re looking for).
Additional best practices include indexing and categorizing your information and safely storing and protecting your data. This includes both physically protecting your tangible records (against flooding, for example) and safeguarding your digital information, which is why it’s important to also follow best practices in cybersecurity risk management.
About the Author:
As the chief operating officer and co-founder of Intradyn, Adnan A. Olia provides wide-ranging oversight of day-to-day operations. He has two decades of experience helping to shape the direction of archiving solutions and has been instrumental in the success of the company’s global capabilities.