What types of things can not be requested through FOIA?

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Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records. Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).

What can a FOIA request be used for?

What is the purpose of FOIA? The FOIA gives a person the right to request access to Federal records. However, some records may be protected from release pursuant to one of the nine FOIA exemptions.

What should I ask for in a FOIA request?

  • Be clear and specific.
  • Make sure your request is reasonable in scope.
  • Provide a date range for records or a date of the event you are researching.
  • Provide accurate titles and full names, and include any news stories discussing the subject of your request.

What does FOIA cover?

The Freedom of Information Act (FOIA) provides public access to all federal agency records except for those records (or portions of those records) that are protected from disclosure by any of nine exemptions or three exclusions (reasons for which an agency may withhold records from a requester).

What are the three exclusions to the 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 is a reason that a FOIA request may 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.

When can a freedom of information request be refused?

You can refuse an entire request under the following circumstances: It would cost too much or take too much staff time to deal with the request. The request is vexatious. The request repeats a previous request from the same person.

How long does it take to get a response to a FOIA request?

Under the statute, federal agencies are required to respond to a FOIA request within twenty working days, excluding Saturdays, Sundays, and legal holidays.

How do I give myself a FOIA request?

Whenever you request information about yourself you will be asked to provide either a notarized statement or a statement signed under penalty of perjury stating that you are the person who you say you are. You may fulfill this requirement by completing and signing Form DOJ-361.

What is a simple FOIA request?

A simple FOIA request is one that an agency anticipates will involve a small volume of material or which will be able to be processed relatively quickly. Complex requests typically seek a high volume of material or require additional steps to process, such as the need to search for records in multiple locations.

What happens if a FOIA request is ignored?

If the agency denies your appeal or does not respond within 20 days, you may file a lawsuit in federal court (see below).

Can anyone make a FOI request?

Freedom of information (FOI) gives you the right to ask any public sector organisation for information they hold. Anyone can ask for information.

Which of the following requirements exist under the Freedom of Information Act?

Which of the following requirements exist under the Freedom of Information Act? Federal agencies must disclose to individuals information contained in government files.

Who does freedom of information apply to?

The Freedom of Information Act 2000 provides public access to information held by public authorities. It does this in two ways: public authorities are obliged to publish certain information about their activities; and members of the public are entitled to request information from public authorities.

Why is FOIA important?

Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government.

What does FOI exempt mean?

Section 47F of the FOI Act – personal privacy A document is conditionally exempt if its disclosure under this Act would involve the unreasonable disclosure of personal information about any person (including a deceased person).

How many types of FOIA are there?

For purposes of fees only, the FOIA divides requesters into three categories: Commercial use requesters; • News media, educational, or scientific requesters; and • All other requesters.

What is Exemption 7c?

Exemption 7(C) provides protection for law enforcement information the disclosure of which “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” (1) Despite their similarities in language, though, the sweep of the two exemptions can be significantly different.

Which of the following disclosure exemptions pertain to the FOIA?

The nine Freedom of Information Act (FOIA) exemptions include the following: National security and foreign policy information. Internal personnel rules and practices of an agency.

Do I have to respond to a Freedom of Information request?

You normally have 20 working days to respond to a request. For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff.

Can you charge for Freedom of Information requests?

Fees for requests for information under Freedom of Information Act. Under the Freedom of Information Act 2000 (FOIA) we are entitled either to charge for or decline requests for information that would cost us more than a set amount, referred to as the “appropriate limit”, to deal with the request.

What is the 100 year rule?

National Census forms have to be filled in every ten years by law. However public viewing of those forms are only available after 100 years have passed.

What is a vexatious FOI request?

A request is considered vexatious, if it is likely to cause a disproportionate or unjustifiable level of distress, disruption or irritation. It is not a finding that a particular individual is vexatious and that any other request from them can automatically be refused – it is about the particular request.

What happens if FOI is not responded to?

Ring – if a response to the chasing email isn’t received (in a reasonable amount of time) then the next option is to call the department and enquire about the request. Complain: The final measure is to complain to the Information Commissioner’s Office. The form to complain will download from here.

Can you expedite a FOIA request?

First, FOIA processing should be expedited whenever it is demonstrated that an individual’s life or personal safety would be jeopardized by the failure to process a request immediately. Of the handful of court decisions to have ordered expedited processing, almost all have fallen into this category.

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