What to Do When Your FOIA Request Is Denied (Appeal Guide)

Getting a FOIA denial can be frustrating, but it's not the end of the road. Agencies deny requests incorrectly all the time, and the appeal process exists specifically to challenge those decisions.

Step 1: Understand Why You Were Denied

Every denial letter must cite the specific FOIA exemption(s) used to withhold records. There are nine exemptions under federal FOIA:

Exemption 1: Classified national security information

Exemption 2: Internal personnel rules and practices (rarely used)

Exemption 3: Information prohibited from disclosure by another statute

Exemption 4: Trade secrets and confidential commercial information

Exemption 5: Inter-agency or intra-agency communications (deliberative process)

Exemption 6: Personal privacy

Exemption 7: Law enforcement records (with multiple sub-exemptions)

Exemption 8: Financial institution examination records

Exemption 9: Geological information about wells

If the denial doesn't cite a specific exemption, it's already deficient — note this in your appeal.

Step 2: Evaluate Whether the Exemption Was Properly Applied

Agencies frequently misapply exemptions. Common mistakes include:

Overbroad use of Exemption 5: Agencies claim everything is "deliberative" when it's actually factual or post-decisional

Blanket Exemption 7 claims: Citing "law enforcement" without explaining how disclosure would cause specific harm

Failing to segregate: Withholding entire documents when only portions are exempt

Step 3: File an Administrative Appeal

You have the right to appeal any denial. Key points:

Federal FOIA: You typically have 90 days to appeal

State laws vary: Check your state's deadline

No cost: Filing an appeal is free

The appeal goes to a different person: Usually a higher authority within the agency

Your appeal should:

Reference your original request and the denial

Explain why the exemption was improperly applied

Cite relevant case law supporting disclosure

Request that all segregable portions be released

Reserve your right to seek judicial review

Step 4: Consider Your Options If the Appeal Fails

If your appeal is denied:

File an OGIS complaint (federal): The Office of Government Information Services mediates FOIA disputes at no cost

File a lawsuit: Under 5 U.S.C. § 552(a)(4)(B), you can sue in federal court. If you substantially prevail, the court can award attorney's fees

Consult a FOIA attorney: Many FOIA attorneys work on contingency under the fee-shifting provisions

Generate Your Appeal Letter

FOIAfile generates appeal letters with the correct legal citations, case law arguments, and formal relief requests. If your request was denied, we'll help you fight back.