Freedom of Information Appeal

Answer 1

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The disclosure of information under the Freedom of Information Act does not depend upon a showing of need or interest by a particular applicant. If an agency's response to your FOIA request has not been satisfactory, you may write an appeal letter.

For example, an appeal is appropriate if an agency:

1. Denied your request in whole or in part;
2. Denied your fee waiver/reduction request;
3. Charged excessive fees;
4. Failed to properly identify the basis for an exemption; or
5. Failed to respond to your request.

When an agency denies your request, it is required to inform you of your right to appeal its decision. It also must provide the name and title of the person who denied your request and to whom you should direct your appeal. Your appeal should be made within the time frame specified in the agency's response (generally 30 days). If the stated time for your appeal has expired, you may still send your appeal and the agency may consider it. If not, you still have the option of beginning the process again with a new FOIA request for the same material.

You actually may write several appeals, each dealing with a different aspect of the agency's response. For example, initially you may appeal the denial of your request for waiver or reduction of fees. After you receive a partial or full denial of the materials requested, you may decide to appeal the exemptions that are claimed.

If you are not satisfied with the agency's response to your appeal, the FOIA also provides for judicial (court) resolution of any dispute regarding an agency's failure to provide information as required by the FOIA. Contact an attorney regarding your judicial appeal rights.