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How to Obtain Records or Information from Government AgenciesWritten by: Wade William Poulson Reputation Level 8
Posted over 2 years ago. 1 helpful vote, 0 comments
1
Determine Which Federal Agency Has The Desired Records/InformationAny agency within the executive branch of the federal government is required to disclose information under the Freedom of Information Act. These agencies typically are headed by one of the President's cabinet members, e.g., Department of Agriculture (USDA), the Treasury, the Department of Justice (DOJ), etc. Limited internet research will help you determine which agency holds the records or information you want to receive. 2
Make an Informal RequestSometimes a formal Freedom of Information Act (FOIA) request may not be necessary, depending on what exactly you want to obtain. A call to the federal agency will help determine whether a formal request is necessary. 3
Letter Request Under The FOIAA simple letter to the federal agency will require the agency to act in responding to your request within 20 business days. The letter need not be complicated. In fact, if the information you are seeking is specifically set forth in the letter request, the agency will have to produce the information (provided it is within the agency's possession) unless one of the narrow 9 exemptions applies. But even if an exemption applies, the federal agency is usually still not "prohibited" from disclosing the information. The U.S. Supreme Court has issued several opinions specifically noting that a federal agency is typically not "required" to withhold information even if an exemption applies under the circumstances, particularly when the requesting party can establish a public interest in the disclosure. 4
Agency Response & Potential AppealOften a federal agency will disclose only a part of the requested information, contending that portions of the requested documentation are exempt from disclosure. Any such position taken by a federal agency is subject to an appeal to that agency. In fact, a letter appeal must be filed and responded to by the agency before any litigation can be filed in Federal District Court (i.e., a requester is required to "exhaust all administrative remedies"). Additional ResourcesA consultation with experienced legal counsel is recommended to determine the best course to follow in seeking records or information from federal agencies.
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