The Freedom of Information Act (FOIA) has been around since 1967. This law gives U.S. citizens the broad right to access information from all federal government agencies. What interesting info can you get your hands on?
How does it work?
The whole point of the FOIA is to allow free access to information maintained by the government and to prevent unnecessary secrecy. Not just for U.S. citizens, the Act also allows other people and institutions—including foreigners, organizations, and universities—to submit requests for information from the government. As a practical matter, the people using the Act the most tend to be reporters gathering information for stories, but anyone can submit a FOIA request. As expansive as it is, the FOIA does not apply to the President, Congress, or to federal courts.
In addition to the mandates of the FOIA itself, the Obama administration directed federal agencies to apply a presumption of openness and a spirit of cooperation through its Sunshine Week directives, to further make federal information more accessible.
Because of this Act, a lot of information is readily disclosed without anyone having to request it at all. Federal agencies regularly post documents, reports, and other information on their websites for public access; these are called proactive disclosures. Agencies also post documents that have been requested through the FOIA, often posting things that have been requested several times. If you are looking for information, start with what has already been made public. If you can’t find what you need, you can then submit a request.
So what information can I get?
The FOIA is so expansive that most federal documents can be accessed through it. However, there are nine exemptions to this law, all of them designed to protect individuals, corporations, national security, or personal privacy:
- Documents classified for national security
- Internal rules and practices of an agency
- Information that is prohibited from being disclosed by another federal law
- Trade secrets or commercial financial information that is privileged
- Privileged information between agencies
- Information that would violate another person’s privacy if it was disclosed
- Law enforcement information that could interfere with a trial, compromise a source, or put someone in danger if released
- Information about the supervision of financial institutions (like banks)
- Geological information about wells (this last exemption remains rather vague and has been used to prevent access to information about groundwater or natural gas, but is rarely used)
There is also a separate law that exempts operational files at agencies like the NSA and the CIA.
How do I get records about myself?
The best way to obtain records about yourself is to submit a request under a separate law, the Privacy Act of 1974, which gives U.S. citizens and aliens who are legally in the United States the right to obtain records about themselves from federal agencies. You can find out if there are records about you and what they contain. You can also request that the information be amended or corrected. Each agency states guidelines on its site about how to submit a privacy request for that agency.
How to submit an FOIA request
Every U.S. government agency has a FOIA office. If you know where to find the information you’re trying to access, go right to that agency. There is no specific form you need to use, but some agencies post guidelines about how to submit a request on their websites.
If you want further guidance about how to submit a request, the Reporter’s Committee for Freedom of the Press has a FOIA letter generator on their site, which also helps you send your request to the right person at the right agency. There may be a fee associated with obtaining your documents, but fees can be waived if the information contributes to public knowledge.
Once you submit your request, the agency has 20 days to tell you if it will comply. In unusual circumstances, the agency can take longer (for example, if they need to go through many records or contact other agencies). If you have a compelling need to get the information quickly (such as if someone’s life is at stake) you can ask for an expedited response.
The agency can refuse to confirm or deny the existence of the records you are asking for if the information is classified. If your request is denied or not completely fulfilled, you can file an appeal with the Department of Justice and if that fails, you can file in federal court.
But it’s up to you to find the limits of what’s available, and explore the information-gathering options your government provides.
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