What is FOIA?
- FOIA = Freedom of Information Act
- Federal and state laws allowing the public to access government records
- FOIA is not for asking questions
- FOIA is not for asking information from businesses
Why is FOIA important?
- Allows the public to understand the inner workings of their government
- Frequently uncovers government misconduct and waste
- "Open Data" programs are often incomplete
Who is subject to FOIA? - Federal
- FOIA applies to almost all executive branch agencies
- FOIA doesn't apply to the President (although it applies to some White House offices)
- FOIA doesn't apply to the legislative branch (e.g., Congress, Capitol Police)
- FOIA doesn't apply to the judiciary
Who is subject to FOIA? - State
- Varies state by state - read the law (RCFP guides good, too!)
- Usually covers all local agencies like cities, counties, school districts
- Most states cover all executive bodies
- Many states cover all legislative bodies
- Most states cover the judiciary
What records are FOIA-able?
What records are FOIA-able?
Differs by jurisdiction, but typically:
- Record in any format (e.g., documents, video, emails, voicemails, texts, database records)
- Specifically connected to agency (e.g., control, possession, use)
- Related to public business (not just private affairs)
Who can send a FOIA request?
Who can send a FOIA request? - Federal
- Any "person" can send a federal FOIA request!
- You don't need to be a US citizen
- You don't need to physically be in the United States
- More favorable fee categories for certain requesters (academics, media)
Who can send a FOIA request? - States
- Anyone can send a request in most states
- Five states require in-state residency
- Many states allow anonymous requests (e.g., California, Illinois)
- Possible other restrictions (e.g., against incarcerated people)
How do you make a request?
Making a request - Research
- What do you want to know?
- What records might help you find that out?
- What agencies might have those records?
- What other records do those agencies maintain?
Making a request - Drafting
- Be specific most of the time
- Know your local FOIA law requirements
- Only need to disclose your purpose if it's commercial
- Showing public interest useful for fee waivers
- Specify a file format, if applicable
Making a request - Examples
- Very general: "All documents related to..."
- Specific document: "Form XYZ dated mm/dd/yyyy"
- Specific criteria: "All emails sent or received by the mayor in the first week of January containing the word ______"
- Convert questions to requests with: "Records sufficient to show..."
Making a request - Sending
- Research agency contact info and FOIA procedures
- Know FOIA law - specific form sometimes required
- In Illinois, no need to use standard form/portal
- Send an email whenever possible
Request Sent: What's next?
What's next?
- Acknowledgement of request
- FOIA deadlines/extensions
- Often a long wait
What responses could you get?
Possible responses
- Receive all responsive records
- Missing records
- Redactions/exemptions
- Unduly burdensome/not "reasonably described"
- No response could be a denial*
Common exemptions
- Personal privacy
- Deliberative process
- Ongoing LE investigations
- National Security
- Law Enforcement Techniques
How do you fight a denial?
Fighting denials - General
- Exemptions are narrowly construed
- Exemptions are often discretionary
- Agencies have burden to prove exemptions
- Treat responses with a grain of salt
Fighting denials - Methods
- Talk to the agency—works well at smaller agencies
- Appeal—depends on state law
- File suit—lawyers generally like pro-bono work
Tips for requests
- Be kind, but firm!
- Don't assume agency knows the law
- Do your research and make it apparent you did
- ~95% of requests should be simple and specific, ~5% should be broad
- A bad request is better than no request.
Ideas for requests
- Request FOIA logs and "steal" other people's ideas
- Resubmit old requests
- Consider requesting small towns
- FOIA your FOIAs - ask for processing notes
- Anything in the news, government press releases, or twitter
Ideas for requests right now
- Misconduct Records
- Emails between companies (eg, Police+Shotspotter)
- Police Attendence/Vacations
- Other Ideas
Donate!
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https://www.reclaimtherecords.org/