Your FOIA Request Was Denied — Here's What to Do Next

Getting a denial letter is frustrating, but it's not the end. Most FOIA denials can be challenged, and many are overturned on appeal. Here's your playbook.

Step 1: Read the Denial Carefully

The agency must tell you:

Which exemption(s) they're citing

Whether the denial is full or partial

Your right to appeal and the deadline

If the denial letter is vague or doesn't cite specific exemptions, that's already grounds for appeal.

Step 2: Evaluate the Exemption

Use FOIAfile's AI Denial Analyzer to assess whether the claimed exemption is valid. Common issues:

Overbroad application: Agency cites a valid exemption but applies it too broadly

Failure to segregate: Agency withholds entire documents when only portions are exempt

Stale exemptions: "Ongoing investigation" cited for a case that closed years ago

Step 3: File an Administrative Appeal

Deadline: Usually 90 days from the denial (check the letter)

What to include: Cite the specific exemption, explain why it doesn't apply, demand segregability

Tone: Professional and legal — this goes to the agency's senior FOIA officials

Step 4: Contact OGIS (Federal)

The Office of Government Information Services mediates FOIA disputes at no cost. They can't force an agency to release records, but they carry significant influence.

Step 5: Litigation

If the appeal fails:

File in U.S. District Court (federal) or the appropriate state court

The agency bears the burden of proving the exemption applies

Attorney's fees are recoverable if you substantially prevail

Many FOIA attorneys work on contingency

Don't Give Up

Statistics show that a significant percentage of FOIA denials are overturned on appeal or in litigation. Agencies often deny as a default — the appeal is where the real decision happens.

Analyze your denial with AI → File an appeal →