How to Appeal a FOIA Denial

You should consider filing an appeal when: • Your request was denied in whole or in part • Records were withheld under an exemption you believe doesn't apply • The agency claims it couldn't find responsive records (but you believe they exist) • The agency didn't respond within the statutory deadline • Your fee waiver request was denied Appeals are free and you don't need a lawyer to file one, though legal counsel can be helpful for complex cases.

Most agencies require you to file your appeal within 90 days of the denial. The appeal goes to a different person or office than the one that made the initial decision. The reviewing authority conducts a de novo review — meaning they look at everything fresh, not just whether the original decision was reasonable. Your appeal should be in writing and clearly state that it is an appeal of a FOIA decision. Include the tracking number or reference number from the original request.

A strong appeal should include: • The original request details and denial reference number • Which exemptions were cited and why you disagree • Legal arguments citing relevant case law • Why the public interest favors disclosure • Arguments about segregability (if full records were withheld) FOIAfile can automatically generate appeal letters with the appropriate legal arguments for your specific situation.

The agency has 20 business days to adjudicate your appeal. They may: • Grant the appeal and release the records • Grant the appeal in part (release some records, withhold others) • Deny the appeal and uphold the original decision • Remand the case back to the original office for reprocessing If your appeal is denied, the agency must inform you of your right to seek judicial review in federal district court.

Before going to court, you can also request mediation from the Office of Government Information Services (OGIS), which serves as the FOIA Ombudsman. OGIS can sometimes resolve disputes informally. If mediation doesn't work, you can file a lawsuit under 5 U.S.C. § 552(a)(4)(B). Attorney fees may be available if you substantially prevail.