FOIA Basics
What is FOIA?
Freedom of Information Act. It is the law that allows anyone to request information from the executive branch of the federal government. Here is a link to the statute itself.
It was first passed in 1966 and amended in 1974 after the political motives in the Watergate burglary was uncovered. In 1996, it was modified to address electronic information created by the executive branch. Most recently it was amended in 2007 with an aim toward holding agencies accountable with commplying with FOIA.
For more on the history of FOIA, click here on FOIA History.
Additionally, several laws that overlap FOIA, including the Privacy Act and Government in the Sunshine Act. Some laws, such as the Privacy Act, limit the release of government information, and other laws, such as the Sunshine Act, increase access (Zarek, 2009).
Who uses FOIA?
Historians, journalists, lawyers, government watchdog groups, elected officials, and everyday people (McBride, 1980, The National Security Archive, 2009, and Zarek, 2009).
What can I find out with FOIA?
Most of the information collected or generated by the executive branch of the federal government (Wilson, 2002). Under FOIA, you will ask for access to government records, which can be in any format including paper, electronic, video and audio tapes. (Washington Coalition for Open Government, 2010).
There are nine catagories called exemptions that permit agencies to withhold records either in whole or in part. However, the agency must give you a reason for not providing records (Freedom of Information Act, 5 U.S.C. 552). You can ask for an index of the records that were withheld under Vaughn v. Rosen, 484 F.2d 820, 827 (D.C. Cir. 1973).
What can’t I find out with FOIA?
Information on federal courts and the U.S. Congress (Wilson, 2002). The federal court system offers different services on rules set by the U.S. Supreme Court justices and other federal judges. Visit the websites of the Supreme Court and the Federal Courts to learn about finding court documents and rulings. If you have a federal court in your community, you may want to visit the courthouse in person.
Freedom of Information Act. It is the law that allows anyone to request information from the executive branch of the federal government. Here is a link to the statute itself.
It was first passed in 1966 and amended in 1974 after the political motives in the Watergate burglary was uncovered. In 1996, it was modified to address electronic information created by the executive branch. Most recently it was amended in 2007 with an aim toward holding agencies accountable with commplying with FOIA.
For more on the history of FOIA, click here on FOIA History.
Additionally, several laws that overlap FOIA, including the Privacy Act and Government in the Sunshine Act. Some laws, such as the Privacy Act, limit the release of government information, and other laws, such as the Sunshine Act, increase access (Zarek, 2009).
Who uses FOIA?
Historians, journalists, lawyers, government watchdog groups, elected officials, and everyday people (McBride, 1980, The National Security Archive, 2009, and Zarek, 2009).
What can I find out with FOIA?
Most of the information collected or generated by the executive branch of the federal government (Wilson, 2002). Under FOIA, you will ask for access to government records, which can be in any format including paper, electronic, video and audio tapes. (Washington Coalition for Open Government, 2010).
There are nine catagories called exemptions that permit agencies to withhold records either in whole or in part. However, the agency must give you a reason for not providing records (Freedom of Information Act, 5 U.S.C. 552). You can ask for an index of the records that were withheld under Vaughn v. Rosen, 484 F.2d 820, 827 (D.C. Cir. 1973).
What can’t I find out with FOIA?
Information on federal courts and the U.S. Congress (Wilson, 2002). The federal court system offers different services on rules set by the U.S. Supreme Court justices and other federal judges. Visit the websites of the Supreme Court and the Federal Courts to learn about finding court documents and rulings. If you have a federal court in your community, you may want to visit the courthouse in person.
A popular government without popular information or the means of acquiring it, is but a prologue to a farce, or a tragedy, or perhaps both.
- President James Madison
letter to W. T. Barry, August 4, 1822,
Ref: Letters and other Writings of James Madison, vol. 3(276)
as cited by Gartner, 1981.
letter to W. T. Barry, August 4, 1822,
Ref: Letters and other Writings of James Madison, vol. 3(276)
as cited by Gartner, 1981.
