FOIA Basics
What does FOIA stand for?
Freedom of Information Act
Can non-U.S. citizens file FOIA requests?
Yes
How many total exemptions does FOIA have?
9
What must a FOIA request include?
A clear description of the records being requested
FOIA is often called the law that keeps citizens… what?
Informed
What year did FOIA go into effect?
1967
Can businesses file FOIA requests?
Yes
Name one FOIA exemption.
National security
Where can you submit a FOIA request?
By email, web form, mail, or fax to the agency
What’s one challenge agencies face with FOIA today?
Backlogs and delays due to high volume of requests
What is the main goal of FOIA?
To give the public access to federal government records
What kind of agencies must respond to FOIA?
Federal executive branch agencies
Why might law enforcement records be withheld?
To avoid interfering with investigations or revealing confidential sources
What act improved FOIA in 2016?
FOIA Improvement Act
Which branch(s) of government is excluded from FOIA?
Legislative and Judicial branches
Federal executive branch agencies release what forms of information?
Emails, memos, reports, contracts, and other written or digital documents
Which exemption attempts to prevent circumvention of the law?
(b)(7)(e) "to protect procedures that are unique to investigations"
What happens if an agency denies your request?
You can appeal the decision or take legal action
What is the the “Rule of 3”?
If a record is requested 3+ times, agencies have to post it publicly online.
What major update was made to FOIA in 2016?
The FOIA Improvement Act, which expanded digital access and required agencies to proactively disclose records
What is one reason a request might be denied?
If the records fall under one of FOIA’s 9 exemptions
FDA — method/process entitled to TS
Confidentiality — for substance abuse disorder
Medicare provisions that protect beneficiary info/TS
Atomic Energy Act: nuclear-related research or medical isotope information.
What is the role of federal courts in FOIA disputes?
They review appeals and can order agencies to release records
This exemption protects info when disclosure could endanger the life/physical safety of an individual — and helps ensure people aren’t discouraged from coming forward.
Exemption (b)(7)(f)