Can You FOIA Anyone?

by | Last updated on January 24, 2024

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Can you FOIA anyone? Any person can file a FOIA request, including U.S. citizens, foreign nationals, organizations, universities, businesses, and state and local governments . Federal employees may not use government time or equipment when requesting information under the FOIA.

Can you FOIA someone else?

You can send a FOIA request for someone else’s records (for example, an FBI or CIA file), but most, if not all, of these records are protected as privacy information under the FOIA and the Privacy Act.

Why would someone make a FOIA request?

A FOIA request can be used to request federal agency records for which access is currently restricted due to the presence of security-classified or other sensitive information .

Why are FOIA denied?

If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.

What information is protected from FOIA?

The exemption covers two broad categories of information in federal agency records: (1) trade secrets; and (2) information that is (a) commercial or financial, and (b) obtained from a person, and (c) privileged or confidential .

Who can make an FOI request?

The aim of the Freedom of Information Act is to make information available to the general public. You can only obtain information that would be given to anybody who asked for it, or would be suitable for the general public to see .

When can you refuse a FOI request?

You can refuse requests if they are repeated, whether or not they are also vexatious . You can normally refuse to comply with a request if it is identical or substantially similar to one you previously complied with from the same requester.

Are freedom of information requests confidential?

You must also make your staff, contractors, customers or others you have contact with aware of how the Act may affect them. You should make it clear that you cannot guarantee complete confidentiality of information and that as a public body you must consider for release any information you hold if it is requested.

What type of documents are not allowed in the Freedom of Information Act?

Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records . Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).

How long does it take to get a response to a FOIA request?

Under the statute, federal agencies are required to respond to a FOIA request within twenty working days , excluding Saturdays, Sundays, and legal holidays. This period does not begin until the request is actually received by the component that maintains the records sought.

How do I give myself a FOIA request?

Whenever you request information about yourself you will be asked to provide either a notarized statement or a statement signed under penalty of perjury stating that you are the person who you say you are . You may fulfill this requirement by completing and signing Form DOJ-361.

What happens if a FOIA request is ignored?

If your request is denied, and your internal appeal does not reverse this decision, you may sue the agency in the United State District Court in your state of residence, in the state where the records are located, or in the District of Columbia .

Can you charge for Freedom of Information requests?

Under the Freedom of Information Act 2000 (FOIA) we are entitled either to charge for or decline requests for information that would cost us more than a set amount, referred to as the “appropriate limit”, to deal with the request .

Which of the following are exemptions from FOIA?

Exemption One: Classified national defense and foreign relations information . Exemption Two: Internal agency personnel rules and practices. Exemption Three: Information that is prohibited from disclosure by another federal law.

Can you FOIA the White House?

NOTE: The White House Office is a separate component of the Executive Office of the President (EOP). If you wish to request information from the White House Office, you may do so at whitehouse.gov/contact. OSTP does not process FOIA requests for the White House Office .

Does FOIA apply to local police?

Under the federal Freedom of Information Act and public records laws in all 50 states, anyone can request information from federal, state and local agencies like the FBI, the Environmental Protection Agency or your local police department .

Can I make a freedom of information request to a private company?

Private companies are not covered by the Freedom of Information Act . Broadly only organisations considered public authorities are covered by the law. This means FOI requests cannot be made to businesses and private companies generally.

Can I make a Freedom of Information request to my employer?

You can write to your employer, asking for a copy of the personal information held about you, provided this is held either on a computerised system, or is held on paper and is organised into a ‘relevant filing system’ (in other words, is held in a structured filing system, so that the information about you is easily ...

What is a vexatious FOI request?

A request is considered vexatious, if it is likely to cause a disproportionate or unjustifiable level of distress, disruption or irritation . It is not a finding that a particular individual is vexatious and that any other request from them can automatically be refused – it is about the particular request.

Who is subject to a Freedom of Information request?

Nearly all the information held by public bodies can be subject to a Freedom of Information request, unless it is exempt for one of the reasons given below. This is not limited to official documents but includes drafts, notes, recordings of telephone conversations and even CCTV footage.

What should I ask for in a FOIA request?

  • Be clear and specific. ...
  • Make sure your request is reasonable in scope. ...
  • Provide a date range for records or a date of the event you are researching. ...
  • Provide accurate titles and full names, and include any news stories discussing the subject of your request.

Can you FOIA browser history?

Both agencies argued that the browsing histories were personal records, rather than agency records, and thus not subject to FOIA . Cause of Action, slip op. at *2, *8. FOIA requires agencies to provide “agency records” in response to requesters, but does not define the term.

Which type of information is exempt?

Exemption 1: Information that is classified to protect national security . Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law.

Are freedom of information requests confidential?

You must also make your staff, contractors, customers or others you have contact with aware of how the Act may affect them. You should make it clear that you cannot guarantee complete confidentiality of information and that as a public body you must consider for release any information you hold if it is requested.

Can a FOIA request be made anonymously?

Freedom of Information Act (FOIA) requests are not confidential . Once a FOIA request is received, it becomes a public record of the USGS.

Can freedom of information requests be anonymous?

By law, you must use your real name for the request to be a valid Freedom of Information request — but see the next question for alternatives if you do not want to publish your full name.

What type of documents are not allowed in the Freedom of Information Act?

Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records . Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).

Leah Jackson
Author
Leah Jackson
Leah is a relationship coach with over 10 years of experience working with couples and individuals to improve their relationships. She holds a degree in psychology and has trained with leading relationship experts such as John Gottman and Esther Perel. Leah is passionate about helping people build strong, healthy relationships and providing practical advice to overcome common relationship challenges.