How to Abide by the Freedom of Information Act

The Freedom of Information Act (FOIA) was passed by the United States Congress in 1966, providing the general public access to federal agency files. This federal law contains exceptions including sensitive defense information and other data that would hinder national security upon release. The general public and federal professionals should understand how FOIA works in order to facilitate an exchange of important information.

Instructions

Difficulty: Moderately Easy

1. Keep a paper or online copy of the government's Citizen's Guide on Using the Freedom of Information Act handy (see Resources below). If, at any point during your search for information, you get stuck or aren't sure where to find an answer, this guide lays out the proper usage and contact points for government information available though this act.
2. Attain federal records utilizing the 1996 amendments to FOIA. These amendments allow the average citizen to access a number of federal records without an application, as long as they were created after December 1, 1996. The 1996 FOIA amendments allow access to information released through past requests and information published out of a compelling public interest.
3. Send FOIA requests to the appropriate federal department. Federal agencies have departments and subsections that each abide by FOIA with their own compliance officer. Submitting information to the right office will help aid the process. If you don't know which federal department you should ask, consult the United States Government Manual (see Resources below). This manual lists all federal departments, with a brief description of what they do.
4. Observe and abide by the provisions of FOIA regarding sensitive information. As a federal employee or a contractor, you can be penalized for divulging national security or financial information to the general public. The traditional method of fulfilling this part of the Freedom of Information Act is to black out specific lines with privileged information.
5. Prepare to pay processing fees for extensive use of information received through a FOIA request. Individuals usually have the fee waived if the FOIA request is limited. Businesses and others who use records, make photocopies or use federal facilities usually need to pay a small one-time fee.
6. Be patient and abide by the time constraints of federal agencies returning FOIA requests. Federal agencies receive hundreds of FOIA requests and need to retrieve information from millions of similar files.

Tips & Warnings

• Review the provision of the Freedom of Information Act as provided by the U.S. Department of Justice (see Resources below). This act features the type of information available via FOIA requests as well as administrative processes to appeal rejected requests.
• Submit accurate information on your Freedom of Information Act request. The use of aliases and misinformation by FOIA applicants can lead to federal perjury charges. In addition, vague requests may not yield the specific information that an applicant desires.