What Is FOIA? A Beginner's Guide to the Freedom of Information Act

The Freedom of Information Act (FOIA) is a federal law enacted in 1966 that gives any person the right to request access to federal agency records. It applies to records held by agencies in the executive branch of the federal government, including cabinet departments, military departments, independent regulatory agencies, and government corporations. FOIA is codified at 5 U.S.C. § 552. It does not apply to Congress, the federal courts, or state or local governments (though most states have their own public records laws).

Anyone can file a FOIA request — U.S. citizens, permanent residents, foreign nationals, corporations, organizations, and even other government agencies. You do not need to explain why you want the records or what you plan to do with them. There is no minimum age requirement. Students, journalists, researchers, attorneys, and everyday citizens all use FOIA regularly.

You can request any "agency records" — documents, emails, memos, reports, contracts, photographs, databases, and other materials created or obtained by a federal agency. Common requests include: • Government contracts and spending data • Inspection reports and enforcement actions • Internal emails and correspondence • Policy documents and legal opinions • Personnel records (with some exemptions) • Scientific studies and research data

There are nine exemptions that allow agencies to withhold certain information: 1. Classified national defense or foreign policy information 2. Internal agency personnel rules 3. Information exempt by other statutes 4. Trade secrets and confidential business information 5. Inter-agency or intra-agency privileged communications 6. Personal privacy information 7. Law enforcement records (in certain circumstances) 8. Financial institution examination reports 9. Geological and geophysical data about wells Even when an exemption applies, agencies must release any "reasonably segregable" non-exempt portions of the record.

Agencies have 20 business days to respond to a FOIA request. However, many agencies have significant backlogs and actual response times can range from a few weeks to several months or even years, depending on the complexity of the request and the agency's workload. You can request expedited processing if you can demonstrate a "compelling need" — such as an imminent threat to life or safety, or an urgency to inform the public about government activity.