All federal agencies, including EPA, are required to make requested records available unless the records are protected from disclosure by one of nine FOIA exemptions contained in the statute. The FOIA applies only to federal agencies.
What is the purpose of FOIA?
What is the purpose of FOIA? The FOIA gives a person the right to request access to Federal records . However, some records may be protected from release pursuant to one of the nine FOIA exemptions.
What exactly is the Freedom of Information Act?
Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency . It is often described as the law that keeps citizens in the know about their government.
What constitutes 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.
Who has to comply with FOIA?
Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.
Can a FOIA request be denied?
Can the FCC deny my FOIA request? Yes . 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.
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 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 information Cannot be released 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).
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.
How long does a FOIA request take?
Under the law, all federal agencies are required to respond to a FOIA request within 20 business days , unless there are “unusual circumstances.” This time period generally begins when the request is received by the FOIA office of the Department of Justice component that maintains the records sought.
Is a FOIA request confidential?
Freedom of Information Act (FOIA) requests are not confidential . Once a FOIA request is received, it becomes a public record of the USGS. If the request contains personally identifying information or the request is deemed “sensitive,” we may redact information under FOIA Exemption 6 (personal privacy).
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.
Who does FOI Act apply to?
Under the FOI Act, anyone has the right to request any recorded information held by public authorities (eg government departments, local councils, health authorities etc) or by businesses that carry out public functions (eg privatised utility companies).
What can you ask for under the Freedom of Information Act?
Under the Freedom of Information Act and the Environmental Information Regulations you have a right to request any recorded information held by a public authority , such as a government department, local council or state school. ... You can ask for any information you think a public authority may hold.
