How to File a FOIA Claim (and the Dirt It Can Help You)

The Freedom of Information Act (FOIA) was signed into law by President Lyndon B. Johnson in 1966, and the purpose of the law is to make the federal government ‘s work a little more transparent to the general public. The theory is that since we the people pay for everything, we technically own all the information that federal agencies generate.

In practice, of course, the FOIA is limited—it only applies to the executive branch, not to Congress or the courts—and other considerations come into play. There are national security considerations , privacy rights of individuals, and many other reasons why the government needs to control certain information. That said, the Freedom of Information Act is an incredibly important and powerful tool that has been used to expose corruption and mismanagement and generally to keep the government as honest as possible.

However, FOIA is not limited to journalists and lawyers. Anyone can file a FOIA request. Here’s how you do it and what you can – and often can’t – learn from one of them.

What You Can Find in a FOIA Request

First, it’s important to know what information you can actually get with a FOIA request. As already noted, the law applies only to the executive branch of the federal government (the president is excluded from this list). You can’t use the Freedom of Information Act to get information from a government agency, but all 50 states in the US have some form of freedom of information law , so you’re probably still getting that information, just not through the Freedom Act. information.

You should also be aware that the FOIA requires these agencies to make their recordings available (with certain exceptions and exceptions), not to create new content or answer questions. You cannot submit a FOI request by simply asking the IRS a few relevant questions about an illegal chinchilla farm you have been running for the past six years. You can only ask them for specific records and documents.

The good news is that the executive branch is huge, and almost every federal agency imaginable is under its control, and all these agencies create what scientists call a shitty ton of records. So you can get a lot of information with FOIA. What information?

• You can find out if the Federal Bureau of Investigation (FBI) has an open file on you (and they can if you’ve been involved in protests at least once in your life).
• You may request documents from the Internal Revenue Service (IRS) if you are being screened.
• If you have been denied a mortgage or federally supported loan, you may be asked to provide relevant documentation.
• If you are charged with a crime, you can request documents that can help your case in court.
• You can request genealogical information from the National Archives, including information about family military service.
• You can search for records related to your favorite conspiracy theory, including UFOs and the Kennedy assassination (in fact, the government created a whole separate law on Kennedy Kennedy because they get so many requests for these documents).

Basically, you can request anything. If you ever find yourself in a dispute with the federal government, or just want to know where your tax money is being spent, you can file a Freedom of Information Act request.

Freedom of Information Act restrictions

Of course, it’s not that easy. Even if you have mastered the art of filing a FOIA request, there are many limitations.

First, there is a list of nine exemptions hard-coded into the Freedom of Information Act, covering national defense, agency internal rules, trade secrets, legally protected communications, the privacy of federal employees, and of course… geological well information. . There are also hard-coded exceptions that allow an agency to withhold information that would otherwise be available, usually for reasons of national security and active federal investigations and prosecutions.

In practice, this means that your FOIA request may be denied. And it will be denied, a lot. By law, the federal agency has 20 days to respond to your request, but in practice it often takes years to just get a response. The said agency is also instructed to provide records even if parts of that record are exempt from FOIA rules, but this often means you end up with a useless set of documents that are largely obscured and redacted . And FOIA requests are often denied outright without explanation, often requiring a lawsuit to force the agency to release the records as required by law.

Finally, keep in mind that the law allows federal agencies to charge a fee for making these recordings available because they have to pay people to look them up and then make copies (unless they’re digital, of course). These fees can be pretty mind blowing, so make sure you know what you’re getting into. You can request a fee waiver, but the waiver is based on demonstrating that the information is of great value to the public interest.

In other words, if your dream is to submit dozens of FOIA requests in order to achieve your goal of getting information, you should brace yourself for disappointment.

How to file a FOIA request

That being said, the FOIA can be a powerful tool if used wisely and correctly, and since filing a FOIA request is free, it is always worth a try. Here’s how to make a FOIA request:

1. Identify the appropriate federal agency and locate its FOIA office. You can usually find this information with a simple Google search – for example, searching for “IRS FOIA” will take you here . Most agencies allow you to submit FOI requests online, but some may still require an old-fashioned paper letter.
2. Know what records you are looking for. The more specific you are, the better your chances of getting what you want. By simply asking for anything with your name, you will either get nothing or a dump truck full of useless information and nothing in between.
3. There is no standard form. Just write as clearly as possible, describing the entries you are looking for. You can find many sample letters online that will give you an idea. You will want to state the reasons why you need the information, your willingness to pay the relevant fees (you can specify how much you are willing to spend, and you can request fee waivers if you think the information is in the public interest). ) and how you would like to receive the recordings (electronically or physically).

That’s all. Close this email or submission form and start waiting. You will eventually receive a response either denying your request or providing any documents that the agency deems necessary to provide. You can appeal the agency’s decision within 30 days by sending another letter, email, or filling out a form on the agency’s website. If your appeal is denied, you can only file a revised FOIA request to obtain other documents or file a claim.

Ultimately, the Freedom of Information Act is a powerful tool, but it is just like the government that created it: cumbersome, difficult to use, and only partially effective.

More…