Records falling within exclusion are not subject to the requirements of the FOIA. The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies.
What is not covered by the Freedom of Information Act?
Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings. The Act does not give people access to their own personal data (information about themselves) such as their health records or credit reference file.
What material is exempt from FOIA?
The nine exemptions are described below. 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 .
What is FOIA 6 exemption?
Exemption 6 protects . information about individuals in “personnel and medical files and similar files” when the . disclosure of such information “would constitute a clearly unwarranted invasion of personal. privacy.”3.
When can a FOIA 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.
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.
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.
What information falls under FOIA?
FOIA covers records from all federal regulatory agencies, cabinet and military departments , offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government.
Which information is exempt from disclosure?
Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party , is exempted from disclosure under Section 8(1)(d) of RTI Act, unless the competent authority is satisfied that larger public interest warrants the disclosure ...
What documents are declared as records?
Documents are “declared” to be records when they provide evidence of actions or decisions . A small portion of records are preserved as archives.
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 many exemptions are there to FOIA?
The Freedom of Information Act provides that the agency will provide access to identifiable documents within our possession unless one of nine exemptions or three exclusions applies. The exact language of the exemptions can be found in the FOIA.
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.
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 .
Can a FOIA request be anonymous?
Freedom of Information Act (FOIA) requests are not confidential . Once a FOIA request is received, it becomes a public record of the USGS. ... The FOIA is designed to inform the public about agency actions, not to benefit individual litigants.
How long should 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.
