Exemption 1: Information that is classified to protect national security. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law.
What information is exempt from a FOIA request?
Exemption 1: Information that is classified to protect national security. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law.
What are the exceptions to FOIA?
- Exemption One: Classified national defense and foreign relations information.
- Exemption Two: Internal agency personnel rules and practices.
- Exemption Three: Information that is prohibited from disclosure by another federal law.
What does FOIA not apply to?
The FOIA does not apply to the Congress, the courts, or the central offices of the White House, nor does it apply to records in the custody of state or local governments. However, all state governments have their own FOIA-type statutes.
When can a FOIA be denied?
Can the FCC deny my FOIA request? Yes. If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.
What can you ask for in a FOIA request?
A FOIA request can be made for any agency record. You can also specify the format in which you wish to receive the records (for example, printed or electronic form). The FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests.
How much is a FOIA request?
The FOIA permits HHS to charge fees to FOIA requesters. For noncommercial requesters, HHS may charge only for the actual cost of searching for records and the cost of making copies. Search fees usually range from about $23 to $83 per hour, depending upon the salary levels of the personnel needed for the search.
Can you FOIA yourself?
The answer is yes. You can file a FOIA request on yourself using the Freedom of Information Act and the Privacy Act. You can write a request letter or fill out an online request form if the agency provides one. After you finish writing the letter, you should submit it to the government agency that has your records.
Who is not subject to FOIA?
Records falling within exclusion are not subject to the requirements of the FOIA. The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies.
Does FOIA apply to local police?
Under the federal Freedom of Information Act and public records laws in all 50 states, anyone can request information from federal, state and local agencies like the FBI, the Environmental Protection Agency or your local police department.
Why is FOIA important?
FOIA plays an important role in keeping government transparent and accountable, and has been used to expose a wide range of government misconduct and waste, along with threats to the public’s health and safety. While FOIA is intended to increase transparency, it doesn’t provide access to all government documents.
Can you FOIA personal cell phone?
The court made it clear that regardless of how or when such communications were made, purely personal communications with no bearing on public business are not subject to FOIA.
How long does a FOIA request take?
Under the law, all federal agencies are required to respond to a FOIA request within 20 business days, unless there are “unusual circumstances.” This time period generally begins when the request is received by the FOIA office of the Department of Justice component that maintains the records sought.
What is covered under FOIA?
FOIA covers records from all federal regulatory agencies, cabinet and military departments, offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government.
Can anyone make a FOIA request?
Any person can file a FOIA request, including U.S. citizens, foreign nationals, organizations, universities, businesses, and state and local governments. Federal employees may not use government time or equipment when requesting information under the FOIA.
Who does FOIA apply?
The FOIA applies only to federal agencies. It does not apply to records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws that should be consulted for access to state and local records.