The Freedom of Information Act (FOIA) provides public access to all federal agency records except for those records (or portions of those records) that are protected from disclosure by any of nine exemptions or three exclusions (reasons for which an agency may withhold records from a requester).
What does the FOIA apply to?
The Freedom of Information Act (FOIA) is a federal law that generally provides that any person has a right, enforceable in court, to obtain access to federal agency records . ... The FOIA applies only to federal agencies. It does not apply to records held by Congress, the courts, or by state or local government agencies.
What is not covered under FOIA?
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).
Why would a FOIA be 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.
How much is a FOIA request?
The FOIA permits HHS to charge fees to FOIA requesters. For noncommercial requesters, HHS may charge only for the actual cost of searching for records and the cost of making copies. Search fees usually range from about $23 to $83 per hour, depending upon the salary levels of the personnel needed for the search.
What can you ask for in a FOIA request?
A FOIA request can be made for any agency record . You can also specify the format in which you wish to receive the records (for example, printed or electronic form). The FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests.
Who is subject to a FOIA request?
The FOIA is codified at 5 U.S.C. Section 552. “Any person” can file a FOIA request, including U.S. citizens, foreign nationals, organizations, associations, and universities. In 1974, after the Watergate scandal, the Act was amended to force greater agency compliance.
Can you FOIA yourself?
The answer is yes . You can file a FOIA request on yourself using the Freedom of Information Act and the Privacy Act. You can write a request letter or fill out an online request form if the agency provides one. After you finish writing the letter, you should submit it to the government agency that has your records.
How long does a Freedom of Information request take?
Under the Act, most public authorities may take up to 20 working days to respond, counting the first working day after the request is received as the first day. For schools, the standard time limit is 20 school days, or 60 working days if this is shorter.
Can anyone make a FOIA request?
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 .
How do I write a FOIA request?
- Provide your name, address and telephone number. ...
- Specify whether you are making an FOIA or PA request.
- Provide as much detail as possible about the records you seek.
Can you charge for a freedom of information request?
In summary, public authorities cannot charge a standard fee for FOI or EIR requests – they can only charge for disbursements or for requests which cost more than the ‘acceptable limit' (£600 for central government; £450 for all other public authorities).
What happens after FOIA request?
What happens after I submit my request? When EOUSA/FOIA receives your FOIA request, we will send you a letter acknowledging the request and assigning it a tracking number . If additional information is required from you so that it can begin processing your request, we will contact you.
What happens if a FOIA request is ignored?
If the agency denies your request or does not respond within the required time period, you can appeal to the agency's FOIA Appeals Officer . If the agency sent you a denial letter, it should set out the agency's appeal procedures.
What is Form G 639 used for?
Use Form G-639 to obtain access to U. S. Citizenship and Immigration Services (USCIS) records as allowed by the Freedom of Information Act (FOIA) at 5 U.S.C. 552 and the Privacy Act of 1974 (PA) at 5 U.S.C. 552a. With certain exceptions, FOIA provides access to Federal agency records.
Does FOIA apply to private companies?
The FOIA does not require a state or local government or a private organization or business to release any records directly to the public, whether such records have been submitted to the federal government or not.
