The Freedom of Information Act
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.
Do individuals have a right to request information from the government?
Yes. You can request several types of information, including information about yourself; information about other people; and information about specific subjects.Two federal laws, the Privacy Act and the Freedom of Information Act (FOIA), allow individuals to see records kept by the federal government about themselves, with certain exceptions. These exceptions, called "exemptions," include some records that are used by law enforcement agencies (such as the FBI) and also records that are vital to national security. However, if an agency like the FBI has a file on you, you probably will be able to see it, although some of the information (such as the name of a confidential informant or details of an ongoing investigation) may be blacked out if the government decides it would be a security risk to release it.
How to file a request for government records In order to obtain records, you must file a written request with the federal agency that has the information you want to see. If you are asking for records about yourself, you should mention both the Privacy Act and FOIA in your request because some information may be exempt under one act but not under the other. If you are asking for information about a particular subject, you need to mention only the FOIA.
No matter what kind of documents you are asking for, it's best to make your request as specific as possible because it will save the federal agency time and result in a faster response. That's in your interest, since the Privacy Act and FOIA allow agencies to charge you fees for their copying costs. FOIA also allows them to charge you for the search.
If the records you ask for are exempt from disclosure under both the Privacy Act and FOIA the government can reject your request. If that happens, you can appeal within the agency from which you requested the records as well as to the federal courts.
If you're looking for records about other people, you may have some trouble. Individuals have only limited access to records about other people, since both the Privacy Act and FOIA are designed to prevent disclosure of private information about people to third parties. If what you are requesting is private information, access usually will be denied.
If you're seeing general information from the government on a particular subject, a request under FOIA alone is sufficient because no one's privacy is at stake. As long as the information requested is in an agency record that is not exempt from disclosure, acess should be granted. An agency is not required to answer questions or compile information for a request; it need only search for and provide access to records already in existence.
Although the Privacy Act and FOIA are federal laws that apply only to federal agencies, all states and some localities have passed laws like FOIA that allow access to their records.
To request FBI records, you can write or call:
FOI/PA
FBI Headquarters
J. Edgar Hoover Building
Washington, DC 20535
202-324-5520
Or, you can call the local FBI field office listed in your phone book. For records held by other agencies, contact the agency directly for information on where to mail your request.
