The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law.
You have several options if your FOIA request is denied in whole or in part. First, you can attempt to resolve informally any disputes you have with the responding agency. If informal resolution fails, you should appeal the denial within the relevant agency before taking any other action.
Some agencies have an FOI request form on their website for you to complete and send to them. When you write to the agency or minister: state that you’re requesting access to information under the FOI Act state the document (s) you want, giving enough detail to help the agency or minister to identify the document (s)
Take special note of the time limitation for appeals, which are usually around thirty days. If you haven’t received any response from the agency (an excessive delay in complying with a request constitutes a denial under FOIA) you should send your appeal to the head of the agency.
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Can FOIA requests 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 are the exemptions of 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.
For what reasons might a federal agency deny an FOIA request for information?
The agency you send a FOIA request to has the right to deny your request. This may happen if one or more of the nine FOIA exemptions apply to the records you wish to access. You may also be denied access to records if the agency determines that no documents are compatible with your request.
Why are FOIA denied?
The agency you send a FOIA request to has the right to deny your request. This may happen if one or more of the nine FOIA exemptions apply to the records you wish to access. You may also be denied access to records if the agency determines that no documents are compatible with your request.
What are FOIA exemptions?
Your appeal may also be sent by e-mail to FOIAAppeals@doc.gov or by facsimile (fax) to 202-482-2552. The appeal must include a copy of the original request, the response to the request and a statement of the reason why withheld records should be made available and why denial of the records was in error.
How many exceptions are there in the Freedom of Information Act?
The FOIA authorizes agencies to withhold information when they reasonably foresee that disclosure would harm an interest protected by one of these nine exemptions.
Which of the following is an exception in the Freedom of Information Act?
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.
Which FOIA exemption is used the most?
Since then, use of Exemption 5 has generally fluctuated between 60,000 and 70,000 each year. In fiscal year 2018—the most recent data that’s public—it was used 61,135 times. While many agencies use the exemption, the Department of Homeland Security uses it far more frequently than any other agency.
More Answers On When Can You Refuse A Foia Request
Can a FOIA Request Be Denied? [Best Tips] – DoNotPay
The agency you send a FOIA request to has the right to deny your request. This may happen if one or more of the nine FOIA exemptions apply to the records you wish to access. You may also be denied access to records if the agency determines that no documents are compatible with your request. Your request may be denied either partially or fully.
210 reasons to refuse a Freedom of Information request
210 reasons to refuse a Freedom of Information request. The Government has published a review of legislation that prohibits the disclosure of information in response to requests made under the Freedom of Information Act, finding that 210 statutory provisions conflicted with the Act. The Freedom of Information Act (FOIA) came into full effect on …
When can we refuse a request for information? | ICO
You can refuse requests if they are repeated, whether or not they are also vexatious. You can normally refuse to comply with a request if it is identical or substantially similar to one you previously complied with from the same requester. You cannot refuse a request from the same requester just because it is for information on a related topic. You can do so only when there is a complete or …
FOIA.gov – Freedom of Information Act: Frequently Asked Questions (FAQ)
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.
When should I use a Freedom of Information Act (FOIA) to request …
Check the status of your FOIA request using the Department of the Interior’s Track Your FOIA Request webpage. Additionally, you can check the status of your FOIA request (this is only for information from the U.S. Geological Survey) by contacting the USGS FOIA office using any of the following methods: Email: foia@usgs.gov Mail: P.O. Box …
Freedom of Information Act (FOIA) and Privacy Act Requests
Once the federal agency receives your request, they have 20 days to either: 1) Take action to comply with your request, or. 2) Provide a written explanation why your request is denied and explain how you can appeal. In situations where the requester is not satisfied with the result of the request, they have the right under federal law, to …
What If You Don’t Comply With FOIA Requests – Waterford Technologies
For a while now the U.S. Army has been engaging an artificial intelligence program (called Sgt. Star) to act as a recruiter helping with their efforts in answering online chat questions and even making public appearances. More than 75 calendar days have passed and the Army still hasn’t responded, not even to say they’re withholding the records.
Request handling, Freedom of Information – ICO
You can refuse such requests under section 14(2) of FOIA, unless a reasonable interval has elapsed between compliance with the first request and receipt of the second. Section 14(2) only applies where you have already provided the information, or confirmed that it is not held. Whether a request is repeated will need to be considered on a case by case basis.
When to expect a decision – Home – Home – Home
An agency or minister must make a decision about your FOI request, in writing, within 30 days of receiving your FOI request. They may extend this time if: they need to consult a third party. you agree in writing. your request is complex or large. they’ve decided to charge you for processing your FOI request and are waiting for your response.
How to make an FOI request – Home
You must put your request in writing to the agency or minister that holds the document you want to access. Some agencies have an FOI request form on their website for you to complete and send to them. state that you’re requesting access to information under the FOI Act. state the document (s) you want, giving enough detail to help the agency …
Why are Freedom of Information Act (FOIA) requests denied?
According to EFF legal representatives, the 20-day deadline for expedited processing of requests for full disclosure of documents has expired. FOIA’s expeditious request processing is designed to move time-sensitive, newsworthy data to the head of very lengthy lines of FOIA requests. EFF’s lawsuit was prompted by the federal government’s …
What Are Your Remedies Under FOIA | Digital Media Law Project
Sep 10, 2021The simplest — and often most effective — remedy is to seek informal resolution of the dispute. Delays are frequently due to the overworked nature of most FOIA officers. Your offer to “revise” or “narrow” the scope of your request can go a long way toward getting faster, and better, treatment of your request.
My FOI request’s been refused — so, what now? / mySociety
If your request is refused, the authority must say which exemption/s allow them to do so — have a good read of their response, and find out which one/s have been applied. You’re looking for a section number that refers to the part of the Act that explains why they can refuse. You can check on FOIwiki’s handy table for the full list of …
FOI exemptions, explained | FOI Directory
In the first case appealing FOI exemptions should be done through an internal review with the public authority the request was made with. If this is unsuccessful, the response to the FOI request can be appealed to the FOI regulator, the Information Commissioner. From here appeals can be made through the courts. More can be found on how to …
FOIA.gov – Freedom of Information Act: How to Make a FOIA Request
The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax. See the list of federal agencies for details about how to make a request to each agency and any specific requirements for seeking certain records.
What to do if your FOI is refused under ’commercial sensitivity’ and …
Details of the exact FOIA exemption – either 43.1 Trade Secrets or 43.2 Commercial Interests; Details of who would be prejudiced – see MoJ guidance above, p4. A “Public Interest Test” where the arguments for and against release of the information should be discussed (as this is a “qualified” exemption). If release of the information could prejudice a third party, they should be …
Can you refuse an employee’s request for an IFA?
You can refuse an employee’s request for an IFA for reasonable business reasons. Individual flexibility agreements. Sign up to a FREE 7-day trial! Get the answers you need, when you need them!
FAQs: Freedom of Information Act (FOIA) | NIOSH | CDC
Jun 15, 2021The Freedom of Information Act (FOIA) is a federal law that gives the public the right to make requests for federal agency records. The regulation provides information on the agency records that are subject to disclosure, outlines mandatory disclosure procedures, and grants nine exemptions to the statute. NIOSH is required to make requested …
What can I do if my FOIA request is denied? – Inter-American Foundation
What can I do if my FOIA request is denied? • Inter-American Foundation. Where We Work. What We Do. Apply for Grant. Get Involved.
The FOIA Request Process | US EPA
Oct 13, 2021A FOIA request can be made for any Agency record. This does not mean, however, that EPA will disclose every record sought. There are nine exemptions that authorize the withholding of information of an appropriately sensitive nature. When EPA withholds information, it will specify which exemption of FOIA permits the withholding. You should be aware that the FOIA does not require agencies to do …
FOIA Frequently Asked Questions – U.S. Department of Justice
Mar 19, 2021A FOIA request should sufficiently describe the specific records sought, so as to enable our staff to conduct a search for the requested records with a reasonable amount of effort (e.g., specific case files, etc.). Likewise — to minimize processing delays and fees — please specify which particular USAO or EOUSA office you are inquiring about.
How to Submit a FOIA Request – Defending Rights & Dissent
How to File a FOIA Request. The first step is to send a letter to the agency you think may have the information you want. You can use the FOIA online portal to send a request to some federal agencies, or use the Reporters Committee for Freedom of the Press letter generator, or use the tools available at Muckrock (which charges a small fee).
How To File a FOIA Request on Yourself [Top Tips] – DoNotPay
If you want to file a FOIA request on yourself, you need to familiarize yourself thoroughly with federal agencies’ requirements. DoNotPay will show you that writing a FOIA request letter on yourself can be fast and effortless! The Breakdown of the FOIA. To understand what it takes to file a FOIA request on yourself, you need to know the ins …
The Capitol Police Are Not Subject To FOIA. Jan. 6 Could Change That.
Jan 12, 2021The Smithsonian Institution, for example, follows the spirit of FOIA, even though it’s not required to by law. The Government Accountability Office also follows FOIA-like disclosure regulations. “There’s precedent for doing something like this — it wouldn’t be that complicated to do,” FOIA expert Michael Ravnitzky told HuffPost …
The Freedom of Information Act – FOIA: U.S. State Department
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. The FOIA does not require agencies to do research for you, answer written questions, or in any other way create records (such as lists or statistics) in order to respond to a request.
How to Make a FOIA Request in an Asylum Case (with Pictures)
Aug 12, 2021You can email your request to uscis.foia@dhs.gov. 2. Receive an acknowledgement letter. Once USCIS receives your request it will be processed through an automated system (FIPS). USCIS is required to respond to you within 20 working days of your request being processed by FIPS. The first response you will likely receive is an acknowledgement letter, which will tell you that USCIS has received …
What If You Don’t Comply With FOIA Requests – Waterford Technologies
For a while now the U.S. Army has been engaging an artificial intelligence program (called Sgt. Star) to act as a recruiter helping with their efforts in answering online chat questions and even making public appearances. More than 75 calendar days have passed and the Army still hasn’t responded, not even to say they’re withholding the records.
Freedom of Information Act (FOIA) and Privacy Act Requests
Once the federal agency receives your request, they have 20 days to either: 1) Take action to comply with your request, or. 2) Provide a written explanation why your request is denied and explain how you can appeal. In situations where the requester is not satisfied with the result of the request, they have the right under federal law, to …
No, Your FOIA Request Cannot Wait ’Until This Emergency Is Over’
May 12, 2020Fulfilling FOIA requests can be grueling grunt work, but such labor should be deemed essential during the pandemic. Far too often officials have sought to alter or disregard FOIA laws to obscure …
What to do if your FOI is refused under ’commercial sensitivity’ and …
Details of the exact FOIA exemption – either 43.1 Trade Secrets or 43.2 Commercial Interests; Details of who would be prejudiced – see MoJ guidance above, p4. A “Public Interest Test” where the arguments for and against release of the information should be discussed (as this is a “qualified” exemption). If release of the information could prejudice a third party, they should be …
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