How to Use FOIA

Freedom of Information Law

Anyone has the right to access federal agency records. FOIA is enforceable in court except for records that are protected by nine exemptions. These exemptions cover: I) classified national defense and foreign relations information; 2) internal agency personnel rules and practice; 3) material prohibited from disclosure by another law; 4) trade secrets and other confidential business information; 5) certain inter-agency or intra-agency communications; 6) personnel, medical, and other files involving personal privacy; 7) certain records compiled for law enforcement purposes; 8) matters relating to the supervision of financial institutions; and 9) geological information on oil wells.

FOIA does not apply to Congress or the courts, nor does it apply to records of state or local governments. However, nearly all state governments have their own FOIA-type statutes (see below).

FOIA allows you to request and receive a copy of any record in an agency's official files, including electronic, provided it is not covered by one of the nine legal exemptions. Some useful agencies to query might be your regional DEC (Department of Environmental Conservation) and the local Board of Health.

FOIA pertains only to existing records and does not require agencies to create new records to comply with a request. In addition, the FOIA generally applies to records that are not readily available to the public.

FOIA does not require a private organization or business to release any information directly to the public, whether it has been submitted to the government or not. However, information submitted to the government by private firms may be available unless it falls under one of the nine exemptions.

How to file a request for information under FOIA:

Identify the relevant offices to contact. There is no one office to handle FOIA requests. Each request for information must be made to the particular agency that has the records you are seeking. Some larger agencies and departments have several Freedom of Information offices. Some have one for each major bureau or component; others have one for each region of the country. You may have to do some research to find the proper office, but will save time in the long run if you file your request appropriately. Requests must be mailed or faxed.

Be specific. When making a FOIA request, describe the material you want as in as much detail as possible. If the agency cannot identify what you have requested with a reasonable amount of effort, it is under no obligation to fulfill your request.

If you are not sure if the information you want is exempt, request it anyway. It may help your case to state reasons for your request. An agency may be persuaded to provide access to records it could legally deny you if you can show just cause (i.e., great benefit to the public).

State your willingness to pay fees/request waiver of fees. You may be charged for some materials and labor; actual costs vary. Be sure to state your ability to pay fees, any limitations, and any reasons that you should be exempt from fees. Keep a copy of your request. This may be useful in the event that you appeal, or if your request is not answered. Agencies are required to respond within 20 working days, but have certain rights to extend this period. Your appeal rights are discussed here: http://www.foia.state.gov/appeal.asp New York maintains a committee of open government to ensure access to public records. Detailed information is available at this website: http://www.dos.state.ny.uslcooglcoogwww.html

More Information: Robert J. Freeman Executive Director New York State Committee on Open Government 41 State Street Albany, NY 12231.0001 E-mail: opengov@dos.state.ny.us Telephone: (518) 474-2518 Fax: (518) 474-1927

FOIA Information is from the GRACE project website with local additions.