FOIA Resources

History
The Freedom of Information Act (FOIA) was enacted by Congress in 1966 to give the public access to information held by the federal government. But, it was not until after the 1976 public exposures of the FBI’s flagrant abuses of constitutional rights under COINTLEPRO, that Congress broadened the purview of FOIA to include CIA and FBI documents.

On his first day in office, President Obama issued a Presidential Memorandum regarding FOIA, stating:

A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, "sunlight is said to be the best of disinfectants." In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.
-- January 21, 2009, President Barack Obama
Memorandum for the Heads of Executive Departments and Agencies

The memorandum directed the Attorney General to issue new FOIA guidelines, which were published in March. The new guidelines directed agencies to be more forthcoming in responding to FOIA requests:

First, an agency should not withhold information simply because it may do so legally. I strongly encourage agencies to make discretionary disclosures of information. An agency should not withhold records merely because it can demonstrate, as a technical matter, that the records fall within the scope of a FOIA exemption.
Second, whenever an agency determines that it cannot make full disclosure of a requested record, it must consider whether it can make partial disclosure. Agencies should always be mindful that the FOIA requires them to take reasonable steps to segregate and release nonexempt information. Even if some parts of a record must be withheld, other parts either may not be covered by a statutory exemption, or may be covered only in a technical sense unrelated to the actual impact of disclosure.
-- March 19, 2009, Attorney General Eric Holder
Memorandum for Heads of Executive Departments and Agencies

Open government advocates argue that the reality has not matched this rhetoric, although some federal agencies have improved their response to FOIA requests.

Who Can File?
Anyone can file a FOIA request. You do not need to be a U.S. citizen. The Act gives any person the right to request and receive access to any document, file, or other record in the possession of any federal government agency, subject to exemptions. You can ask the FBI for any information they have on you, or you can ask the CIA what they have on your peace group. You can also request records that may be of interest to your advocacy work from various agencies.

What About State and Local Government Records?
The Freedom of Information Act doesn't apply to state and local governments; each state has its own laws and procedures regarding disclosure of records, but sometimes it is easier to get information from state and local governments. A major component of post 9/11 law enforcement has been the push to share information across agencies and up and down levels of government. Information gathered by your local police may find its way up the ladder to state and federal police agencies. Documents released by state and local agencies can help give us a better picture of the information sharing environment, so you are encouraged to request information from all levels of government.

President's Memorandum on FOIA January 21, 2009
Attorney General FOIA Guidelines March 19, 2009

FOIA request templates

Use these letters as a starting point for your request for information about yourself and other information:. You should include the certification of identity with each letter. Save a copy of every request you send. You should receive a response withing 20 working days of your request.

Certification of Identity
Instructions for filling out these forms

FBI Headquarters
CIA link to CIA FOIA webpage
Department of Homeland Security link to DHS FOIA webpage
NSA (National Security Agency) link to NSA FOIA webpage
TSA (Transportation Safety Administration) link to TSA FOIA webpage
U.S. Park Police
D.C. Metro Police
Virginia State Police
Maryland State Police

The letters are in Word format so you can download them and customize them.

Appeal Letters

Sometimes an agency denies your request, but you are allowed to appeal. Writing an appeal letter is pretty simple, and you are encouraged to do so. Find a sample appeal letter here.

If the agency does not respond to your request within 20 working days, you should send an overdue response reminder. Find a sample letter here.

Useful FOIA Resources

The Freedom of Information Clearinghouse at Public Citizen - How to file a FOIA request -- a guide

FOIA letter generator at Reporters Committee for a Free Press (for federal, state and local agencies)

Hosting A FOIA Party

Filing a request for information is pretty straightforward, and many activists have "always meant to do it". We want to make it easy, and maybe even fun. You can plan a seperate event, or set aside some time at an upcoming meeting for participants to write their letters. You can use the templates below as models for your letters. Check out the Reporters Committee for a Free Press to find out about rules and procedures specific to your state and locale.

Our goal is to compile information revealed through FOIA parties around the country -- so we want to hear from you! Please sign up here to let us know you're hosting a party.