Freedom of Information Act
by: Tulane Environmental Law Clinic
Freedom of Information Act
The Freedom of Information Act, 5 U.S.C. ยง 552, gives the public access to information held by the federal government. The Act gives any person the right to request and receive records in the possession or control of a federal agency. The term "records" is defined expansively to include all types of documentary information, such as papers, reports, letters, films, computer tapes, photographs and sound recordings. A citizen's right to these federal records can be denied only if the requested information falls into a recognized exemption.
WHO CAN USE THE ACT? Anyone can make a Freedom of Information Act request. Requests can be made in the name of an individual, corporation, partnership, or other entity, such as a public interest group or neighborhood association.
HOW TO MAKE A REQUEST First, before making a Freedom of Information Act request, determine what information you need. The law requires that your request reasonably describe the records you seek. It is not enough to simply ask questions; you must request records describing or pertaining to a particular subject. You do not need to specify a document by name or title, but you must provide a reasonable description of the information you seek to allow a government employee who is familiar with the agency's files to locate the records. The more specific you are in your request, the faster you are likely to receive the documents. If you are not specific enough, the agency may not be able to fulfill your request until you clarify what you want.
Second, decide which agency has the information you want and get the address of the agency. There is no central Freedom of Information Act office. At most agencies, a designated officer answers Freedom of Information Act requests.
Third, determine if you can obtain the documents from the agency without a formal Freedom of Information Act request. Sometimes it is faster and easier to get documents informally, by simply visiting or calling the agency. Finally, draft a Freedom of Information Act request letter. Your letter should state that the request is being made pursuant to the Freedom of Information Act and you should write "Freedom of Information Request" on the envelope and at the top the letter. Keep a copy of the request and a record of when you sent it.
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