Two Systems, One Idea
Freedom of information law rests on a simple principle: government records belong to the public, and people should be able to see how decisions are made. At the federal level, the Freedom of Information Act (FOIA), codified at 5 U.S.C. 552, gives any person the right to request records from federal agencies. At the state level, every state, the District of Columbia, and the territories have their own public records statutes.
These laws cover records, not answers. An agency is not required to create a new document, analyze data, or answer questions. It must search for and provide existing records that are not protected by an exemption.
Who Can Request and What You Can Get
Under federal FOIA, any person can request records, including U.S. citizens, foreign nationals, and organizations. You do not have to explain why you want the records, though the reason can matter for fee waivers. Covered records include emails, memos, reports, contracts, inspection files, and databases maintained by the agency.
FOIA does not reach Congress, the federal courts, or state and local governments. Records held by state agencies, cities, counties, school districts, and police departments fall under state public records law instead.
The Federal FOIA Process
- Choose the right agency. Request the agency that created or holds the records. If a project involved several agencies, file a separate request with each.
- Describe the records precisely. Include date ranges, office names, program titles, and document types. A targeted request moves faster than a request for all documents about a topic.
- Submit through the agency's preferred channel. Most agencies accept requests through their FOIA portal, and some use the government-wide portal at foia.gov. Email and mail also work.
- Keep your tracking number. Agencies assign one and use it for status updates and appeals.
- Respond to fee estimates. If the estimated cost is high, you can narrow the request, ask for a waiver, or agree to pay.
Writing a Request That Gets Results
Specificity is the single biggest factor in response time. A request for emails between the director and a contractor during a stated date range about a named bidding process gives the agency something it can search. A request for everything related to the project forces a broad, slow review.
You can also ask for records in a particular format, such as electronic files or spreadsheets, and you can request a fee waiver or a reduction if disclosure serves the public interest.
Fees and Fee Categories
Agencies may charge for search time, review time, and duplication, but the rules are tiered. Under federal practice:
| Requester category | Typical charges |
|---|---|
| Commercial use | Search, review, and duplication |
| News media, educational, or noncommercial scientific | Duplication only |
| All other requesters | Search and duplication, after free allowances |
Many agencies provide the first two hours of search time and the first hundred pages of duplication free to non-commercial requesters. Fees can be waived when disclosure would significantly inform the public about government operations. If you do not want to pay, say so in the request and ask for a waiver.
Timelines and Expedited Processing
Federal agencies generally must respond within 20 business days, with a possible 10-day extension for unusual circumstances. Complex requests are often placed in a processing queue, and backlogs can add months. You can request expedited processing if you can show a compelling need, such as an imminent threat to life or safety, or, for certain requesters, an urgent need to inform the public.
If the agency misses a deadline, you can contact the FOIA public liaison or the Office of Government Information Services (OGIS) for help, and you may be able to treat the silence as a denial and appeal.
Exemptions Are Not Blanket Secrets
Federal FOIA has nine exemptions, covering areas such as classified national security information, internal personnel rules, trade secrets, personal privacy, law enforcement, and deliberative process. Even when an exemption applies, agencies must release any reasonably segregable non-exempt portions of a record. Agencies also must disclose the exemption relied on and explain the withholding.
Appeals and Litigation
If a request is denied in whole or in part, you can file an administrative appeal, usually within the time stated in the denial letter. An appeal should explain why you believe the withholding is wrong. If the appeal fails, you can sue in federal district court. Courts can order disclosure and, in some cases, award attorney fees to a requester who substantially prevails. OGIS also offers free mediation to resolve disputes without litigation.
State Public Records Acts
State open records laws vary widely. Response deadlines range from a few business days to a few weeks. Fee rules differ, some states charge for copies while others allow charges for staff time, and exemptions are often broader or narrower than federal ones. Many states require a written response and provide an internal appeal or review by an independent official.
Start with the state agency's public records page and the state's open government guide. When a state request is denied, read the statutory citation in the denial, since it identifies the exemption and the appeal path.
Common Pitfalls
- Wrong agency. Sending a state matter to a federal agency guarantees a rejection.
- Overbroad scope. Vague requests trigger long searches and higher fees.
- Ignoring fee estimates. An unanswered estimate can be treated as a withdrawal.
- Missing appeal deadlines. Appeal windows are short and strictly enforced.
- Forgetting privacy. Records about private individuals may be redacted, and third parties sometimes get notice and a chance to object.
This guide is general information, not legal advice. FOIA and state public records procedures differ, and specific deadlines and exemptions should be confirmed with the relevant agency or an attorney.