Editor’s note: Sunshine Week, the annual celebration of access to public information, is coordinated by the Joseph L. Brechner Freedom of Information Project. To commemorate the power of public information, we’ve asked experts to share their tips for requesting open records and responding when facing roadblocks to access.
Diving into public records may sound boring, but it can turn a hunch into an award-winning story that holds power to account.
Americans have the right to know how taxpayer money is spent, how the government acts in their name, and how it exercises power over their lives.
The Freedom of Information Act (FOIA) gives any person the right to request access to records from federal executive branch agencies, including departments, agencies and certain government-controlled corporations.
- It does not apply to Congress, the federal courts, or parts of the Executive Office of the President whose sole function is advising the president.
- Federal agencies may withhold or redact information if it falls under one of the nine statutory exemptions in the law.
- State governments have their own statutes, and some require proof of residency.
Here are six tips on using this important reporting tool:
Do your homework first. What question do you hope the request will answer? Which agency or custodian is most likely to have that information?
- If you think you may file multiple FOIA requests from the same agency, build a source relationship with the FOIA public liaison and ask clarifying questions about how records are stored.
- Read the submission rules carefully so a procedural mistake doesn’t delay your request.
- Check if they must notify you before exceeding a cost estimate.
Narrow your search down as much as possible. What prior reporting or FOIA requests can you find related to your request? What keywords would be the most useful? What time period likely holds the requested information? What type of system might contain the answers (emails, body-worn cameras, etc.)?
- Check MuckRock and the National Freedom of Information Coalition to look for related FOIA requests.
- Preserve images of records you find online in case they disappear.
- Track your requests, responses, fees, what you received/didn’t receive, etc.
Perfect your written request for records. For instance, ask for emails between Person A and Person B containing one or more of these three keywords “XX,” “XX,” and “XX,” during this time period XX-XX.
- If there is an urgency to inform the public about government activity, state that and request expedited processing. Ask to be classified as a representative of the news media and to receive a public interest fee waiver.
- Request preferred format (i.e., original video, memos, emails, photos) and state you want the metadata included when possible.
- Ask for records to be released on a “rolling basis” so you can start reporting right away.
Submit the request following the agency’s guidance.
- Proof carefully before submission and include your contact information. Retain a full copy of your request.
- Ask for an estimated date of completion.
- Put reminders on your calendar to follow up after 20 business days for federal requests. Be the squeaky wheel with polite but persistent pressure.
If applicable, push back on denials or excessive fees.
- Ask for an itemized fee estimate and their legal basis. Strategically decide if you can narrow your search and ask how much that might lower costs.
- Ask which exemption justified the denial or redaction, and if there are additional non-exempt portions that could be segregated and released.
- Common arguments include: showing that similar records had been released, saying they didn’t demonstrate specific foreseeable harm, or pointing out that they are not being consistent with their own policies.
Escalate your legal approach. If you continue being denied without justification, request mediation through the Office of Government Information Services. Or file a formal appeal within the deadline.
- Cite relevant case law (check FOIA Wiki) and get legal help from your counsel, or approach the Reporters Committee for Freedom of the Press to see if they might press your case.
- Partner and share costs with larger news organizations working on similar issues.
If there are missed deadlines after polite and persistent requests, sometimes journalists describe this journey in a story. This can place pressure on the agency to prioritize your request and helps your audience know you are seeking transparency and accountability.
Go deeper: See our previous Sunshine Week content for more guidance on open records.
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