FOIA Requests: A Practical Guide

How to use public records laws to uncover what the government knows.

State of Surveillance Editorial Team

TL;DR: The Freedom of Information Act (FOIA) gives you the right to request records from any federal agency. Submit requests through FOIA.gov. Be specific, identify the right agency, and state your willingness to pay reasonable fees. Agencies must respond within 20 working days. If denied, you can appeal for free within 90 days. Nine exemptions can block release (national security, privacy, law enforcement, etc.), but agencies must release any non-exempt portions. State-level public records laws (often called "sunshine laws") cover state and local governments. Persistence matters. Many denials are overturned on appeal.

What FOIA Actually Does

Since 1967, the Freedom of Information Act has given the public the right to request access to records from any federal executive branch agency [1].

What FOIA covers:

  • All federal executive branch agencies
  • Independent regulatory agencies (FCC, SEC, etc.)
  • Government corporations (Amtrak, USPS)
  • Executive Office of the President (with exceptions)

What FOIA doesn't cover:

  • Congress and congressional agencies (Library of Congress, GAO)
  • Federal courts
  • State and local governments (separate laws apply)
  • Private companies (even government contractors)

Key principle: Agencies must disclose records unless they fall under one of nine exemptions. The presumption is disclosure: agencies must justify withholding, not the other way around.

Before You File a Request

FOIA requests can take months to process and may involve fees. Do your homework first [2]:

Check if it's already public:

  • Agency reading rooms: Agencies must proactively post frequently requested records
  • Previous FOIA releases: Many agencies maintain archives of past disclosures
  • MuckRock: Database of FOIA requests and results from other requesters
  • Federal Register: Proposed rules, agency actions, and official notices
  • Court records (PACER): Documents filed in federal litigation
  • Congressional records: Hearings, reports, and testimony

Identify the right agency:

  • Records are held by the agency that created or received them
  • Use FOIA.gov's agency search to find the right office
  • If unsure, contact the agency's FOIA Public Liaison
  • Sending to the wrong agency delays everything. They may forward it, but that restarts the clock

Know what you're looking for:

  • The more specific your request, the faster it will be processed
  • Broad requests ("all records about surveillance") may be rejected as too vague
  • Specific requests ("emails from Director X about Program Y from January-March 2024") get better results

How to File a Request

Step 1: Go to FOIA.gov

The federal government's central FOIA portal lets you submit requests to most agencies online. Some agencies have their own portals, and FOIA.gov will direct you [3].

Step 2: Write your request

Include these elements:

  • Your name and contact information
  • A clear description of the records you want
  • Date ranges if applicable
  • Any identifying information (names, case numbers, etc.)
  • A statement about fees (see below)
  • Any basis for fee waiver or expedited processing

Sample request language:

I request copies of the following records pursuant to the Freedom of Information Act, 5 U.S.C. § 552:

[Describe the records specifically]

I am willing to pay fees for this request up to $[amount]. Please contact me before processing if estimated costs exceed this amount.

[If seeking fee waiver: I request a fee waiver because disclosure is in the public interest and will contribute to public understanding of government operations. Specifically: (explain).]

Step 3: Submit and wait

  • Agencies must respond within 20 working days (with extensions possible)
  • You'll receive an acknowledgment with a tracking number
  • Complex requests may take months or years
  • You can check status online at most agencies

Understanding Fees

FOIA requests aren't always free. Agencies can charge for search time and copying [4]:

Requester categories:

  • Commercial use: Pay for search, review, and duplication
  • Educational/scientific institution or news media: Pay for duplication only (first 100 pages free)
  • All others: Pay for search and duplication (first 2 hours of search and 100 pages free)

Typical rates:

  • Search: $15-50 per hour depending on employee level
  • Review (commercial only): Similar hourly rates
  • Duplication: $0.10-0.25 per page for paper copies
  • Electronic delivery is often free or low-cost

Fee waivers:

You can request a fee waiver if:

  • Disclosure is in the public interest
  • It will contribute significantly to public understanding of government operations
  • It is not primarily for commercial benefit

Journalists, researchers, and nonprofit organizations often qualify. Explain specifically how you'll disseminate the information publicly.

The Nine Exemptions

Agencies can withhold records under these categories, but must release any portions not covered by an exemption [5]:

Exemption 1: National Security

Properly classified information. The most commonly invoked exemption for intelligence and defense agencies.

Exemption 2: Internal Personnel Rules

Internal agency rules and practices. Narrowly applied after court rulings limited its scope.

Exemption 3: Other Statutes

Information protected by other federal laws (tax returns, census data, etc.).

Exemption 4: Trade Secrets

Commercial or financial information obtained from outside parties that is confidential.

Exemption 5: Privileged Communications

Inter-agency or intra-agency communications protected by legal privileges (attorney-client, deliberative process, etc.).

Exemption 6: Personal Privacy

Information that would constitute a clearly unwarranted invasion of personal privacy.

Exemption 7: Law Enforcement

Records compiled for law enforcement that could interfere with investigations, reveal sources, deprive someone of a fair trial, etc.

Exemption 8: Financial Institutions

Information related to supervision of financial institutions.

Exemption 9: Geological Information

Geological and geophysical information about wells.

Key principle: Agencies must release "reasonably segregable" portions. If a document contains both exempt and non-exempt information, the non-exempt portions should be released with the exempt portions redacted.

When You're Denied: The Appeal Process

Denial isn't the end. Many denials are overturned on appeal, and appealing is free [6].

Grounds for appeal:

  • Agency improperly applied an exemption
  • Agency failed to conduct adequate search
  • Agency didn't release segregable non-exempt portions
  • Fee waiver was wrongly denied
  • Processing delays are unreasonable

How to appeal:

  • Deadline: 90 days from the date of denial (strict, don't miss it)
  • Format: Letter or email to the agency's designated appeals office
  • Content: State you're appealing, identify the denial, explain why it was wrong
  • No lawyer required: Most successful appeals are filed by requesters themselves

Strategies that work:

  • Challenge vague exemption claims: demand specific justification
  • Request a Vaughn Index, a detailed list explaining each withheld document and exemption applied
  • Cite case law supporting disclosure (DOJ's FOIA Guide is helpful)
  • Point out that similar records have been released before
  • Narrow your request to exclude information likely to be exempt

Mediation option:

The Office of Government Information Services (OGIS) offers free mediation between requesters and agencies. They can help resolve disputes without litigation. Contact: [email protected]

Litigation:

If administrative appeals fail, you can sue in federal district court. The agency must justify its withholding. The burden is on them, not you. Pro bono attorneys are sometimes available for significant cases.

Expedited Processing

Normally, requests are processed in order received. You can request expedited processing if [7]:

  • Threat to life or safety: Delay could endanger someone
  • Urgency to inform the public: For journalists and others primarily engaged in disseminating information, when there's breaking news relevance
  • Loss of due process rights: Delay could affect legal proceedings

Expedited processing isn't automatic. You must demonstrate urgency. Agencies grant it sparingly.

State and Local Records

FOIA covers federal agencies only. For state and local government records, you need to use state public records laws [8].

Common names:

  • Sunshine Law: Florida, Missouri, South Dakota, Wyoming
  • State FOIA: Arkansas, Connecticut, Delaware, Illinois, Michigan, South Carolina, Virginia, West Virginia
  • Public Records Act: California, Oregon, Washington, and many others
  • Public Information Act: Maryland, Texas
  • Right to Know Law: New Hampshire, Pennsylvania

Key differences from federal FOIA:

  • Response times vary: Missouri requires response in 3 days; Wyoming allows 30 days; some states have no deadline
  • Fees vary: Some states allow public interest waivers; others don't
  • Exemptions differ: State laws have their own exemption categories
  • Enforcement varies: Fewer than a third of states have offices that can force compliance

Finding state requirements:

  • Search "[state name] public records request"
  • State attorney general offices often publish guides
  • Reporters Committee for Freedom of the Press maintains state-by-state guides

Florida example:

Florida's Sunshine Law is among the strongest. Citizens have a constitutional right to inspect public records, most meetings must be open, and response should be prompt (no specific deadline). It's why Florida journalism often breaks stories first: public records are easier to access.

Practical Tips

For better results:

  • Be specific: "Emails from John Smith about Project X between January 1 and March 31, 2024" beats "all documents about surveillance"
  • Know the agency: Understand what records they're likely to have
  • Submit online: Paper requests take longer to process
  • Track your request: Follow up if you don't hear back
  • Request electronic format: Easier to search and usually cheaper

Dealing with delays:

  • Contact the FOIA Public Liaison to discuss status
  • Ask for interim releases, partial responses while processing continues
  • File an appeal for constructive denial if delays are excessive
  • Consider narrowing scope to speed processing

Resources:

  • FOIA.gov: Central portal for federal requests
  • MuckRock: File requests, track status, find previous releases
  • RCFP: Reporters Committee for Freedom of the Press guides
  • National Security Archive: Guides and past releases
  • DOJ FOIA Guide: Detailed legal reference

What FOIA Has Revealed

Public records requests have exposed some of the most significant stories in American history [9]:

  • COINTELPRO: FBI surveillance and disruption of civil rights organizations
  • CIA torture program: Details of "enhanced interrogation" at black sites
  • NSA surveillance: Scope of domestic surveillance programs
  • Police misconduct: Patterns of abuse in local departments
  • Environmental violations: Corporate pollution covered up by agencies
  • Immigration enforcement: ICE detention conditions and enforcement practices
  • Facial recognition: Government use of Clearview AI and other systems

FOIA doesn't guarantee you'll get what you want. Agencies delay, over-classify, and apply exemptions liberally. But it remains one of the most powerful tools citizens have to hold government accountable.

The Bottom Line

The Freedom of Information Act gives you a legal right to request records from federal agencies. That right is real, but exercising it requires patience and persistence.

The process:

  1. Check if records are already public
  2. Identify the right agency
  3. Write a specific request through FOIA.gov
  4. Wait (20 working days minimum, often much longer)
  5. Appeal any denials (free, 90-day deadline)
  6. Use OGIS mediation if needed
  7. Litigate as last resort

For state and local records, use your state's public records law. The process is similar but details vary.

FOIA works best for persistent requesters who understand the system. Many of the most important disclosures came after initial denials were appealed. The information the government would rather not share is exactly the information the public most needs to see.

Start at FOIA.gov.

References

  1. FOIA.gov: Freedom of Information Act Portal
  2. FOIA.gov: How to Make a FOIA Request
  3. House Oversight: Citizen's Guide to Using FOIA (March 2025)
  4. FOIA.gov: Frequently Asked Questions
  5. DOJ: Guide to the Freedom of Information Act
  6. National Security Archive: Appealing Agency Denials
  7. Georgetown Law: Making a FOIA Request
  8. Granicus: Demystifying Public Records Laws in Each State
  9. MuckRock: FOIA 101: Tips and Tricks
  10. National Security Archive: Effective FOIA Requesting