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FOI/FOIA Tips

Sunshine Week FOI Tip #1 – Martha Mendoza, The Associated Press

Get organized and use spreadsheets.


Sunshine Week FOI Tip #2 – Martha Mendoza, The Associated Press

Refine the wording in your request, confer with the agency public information officer, check FOIA logs and DocumentCloud.


Sunshine Week FOI Tip #3 – Martha Mendoza, The Associated Press

Think globally, network with other journalists and check out the Global Investigative Journalism Network.


Sunshine Week FOI Tip #4 – Martha Mendoza, The Associated Press

When reporting on a specific incident, think broadly in terms of public records requests. And in doing this intense work, don’t forget to have fun.


Sunshine Week FOI Tip #5 – Gunita Singh, Reporters Committee for Freedom of the Press

Use FOIAwiki, which explains federal FOIA’s nine exemptions to disclosure. And, how to respond if you receive redacted records or no response.


Sunshine Week FOI Tip #6 – Gunita Singh, Reporters Committee for Freedom of the Press

Baked into the text of FOIA is a presumption in favor of disclosure. Same with most state FOI laws. Still, as many know too well, the process can be long and taxing.


Sunshine Week FOI Tip #7 – Gunita Singh, Reporters Committee for Freedom of the Press

Under federal FOIA, there’s a provision for you to request an administrative appeal. It compels the federal agency to take another look at their reasoning for withholding records. It can only help your effort.


Sunshine Week FOI Tip #8 – Jason Leopold, Bloomberg News

Know what you’re asking for and from whom. Before requesting a document, review the agency’s organization chart to understand where your FOIA or FOI request should be directed.


Sunshine Week FOI Tip #9 – Jason Leopold, Bloomberg News

When filling in a FOIA or FOI templates key in: “Please omit news clippings and press releases.” You’re more likely to get what you’re really looking for, and save time and money.


Sunshine Week FOI Tip #10 – Jason Leopold, Bloomberg News

If your FOIA or FOI request is declared partly or fully exempt, make the agency state what the “reasonably foreseeable harm” is under FOIA or FOI exemptions. File an appeal if they don’t completely explain it.


Sunshine Week FOI Tip #11 – Nate Jones, The Washington Post

Request public records, not names. Research the records you want in online FOI Reading Rooms and on MuckRock. And, put yourself in the shoes of the FOIA or FOI government processor.


Sunshine Week FOI Tip #12 – Nate Jones, The Washington Post

Sometimes agencies throw administrative roadblocks at FOIA and FOI requests. Be ready to say and write, “Please put that in writing and give me my administrative appeal rights and litigation rights.”


Sunshine Week FOI Tip #13 – Nate Jones, The Washington Post

In almost all cases, your federal FOIA request must be responded to within 20 days or they can’t impose fees.


Sunshine Week FOI Tip #14 – Nate Jones, The Washington Post

You have the right with federal FOIA requests to ask for an estimated date of completion. That’s in the law.


Sunshine Week FOI Tip #15 – Nate Jones, The Washington Post

There is recourse if your FOIA or FOI is denied, or you’re told no records exist. For Federal FOIA, you have the right to appeal and a right to litigate. See FOIAwiki for detailed info. Also, at the federal and state levels, ombudsmen and mediators can be helpful.