FOIA basics: a primer

Shawn Musgrave

Editor, MuckRock
@shawnmusgrave || @muckrock
shawn@muckrock.com
The Freedom of Information Act

Signed by a (very reluctant) LBJ on July 4, 1966
I have always believed that freedom of
information is so vital that only the national
security, not the desire of public officials or
private citizens, should determine when it
must be restricted.

More FOIA history: http://www2.gwu.edu/~nsarchiv/nsa/foia/aboutfoia.html
The Freedom of Information Act
State public records laws
Every state has a statute
Some are better than others:
Exemptions
Response time
Appeal mechanism
Treatment of electronic records
Read up on your state's statute:
http://www.rcfp.org/open-government-guide
http://www.nfoic.org/state-foi-resources
Central FOI principles

Access is a right, not a courtesy
Presumption of openness
Documents, not questions

Access is a right

These are not courtesy requests, and you are
not a customer
Requests are legally enforceable
Extensive case law read up!
Presumption of openness

Every government record is subject to FOI
Exemptions must be narrowly, specifically
applied
In face of doubt, openness prevails.
Documents, not questions

Must identify government record
All documents related to...
Official familiar with the agency must be able
to conduct reasonable search
Crafting a FOIA request

What agency?
What document?
What to include in the request?
Where to send the request?
What agency?

Particular component, division or unit
Federal, state and federal-in-state
Multiple agency requests

What document?

Know the name OR the circumstances
Finding the name:
Administrative procedures and handbooks
Records retention schedules
Annual, semi-annual and quarterly reports
Inspector general or audit reports
Finding the circumstances:
Administrative procedures and handbooks
Public statements and press releases

What to include?

Statute name:
This is a Freedom of Information Act
(FOIA) request.
This is a request under the Access to
Public Records Act (APRA).
What to include?

Clear description of records sought:
... all arrest reports, including narrative,
completed for June 25.
... the grant application submitted to
the Federal Emergency Management
Agency Urban Area Security Initiative
(UASI) in fiscal year 2013.
What to include?

Any backup information you have handy:
This report is required to be completed on
an annual basis by the National Defense
Authorization Act of 2005.
The NYPD administrative handbook,
procedure 325-18 (attached in part),
indicates that these memos are compiled on
a regular basis.
An agency spokesperson indicated that
such a review was initiated on July 2. The
following statement was given to the Bergen
County Record: ...
What to include?

Valid contact information
Requests can (often) be anonymous
BUT give consistent contact information
Where to send?

Confirm whether the agency, component or
division processes its own requests
Ascertain precise contact information,
particularly for state and local agencies
Federal agency
contacts:http://www.foia.gov/report-makerequest.html
Email versus fax versus mail
Multiple agencies start a footrace
So you've submitted it...

Confirm receipt in writing, including date
received
Know response window federal is 20
business days, states vary
Be vigilant in followup and anticipate
negotiation
Read up on appeals process
Troubleshooting

@muckrock or @shawnmusgrave
FOI question board:
https://www.muckrock.com/questions/
FOI-L listserv: http://www.nfoic.org/foi-
listserv
National Freedom of Information
Coalition:http://www.nfoic.org/state-foi
Reporter's Committee for Freedom of the
Press: http://www.rcfp.org/open-government-guide