FOIA Facts and Fiction

by GateDancer and Shrike

Congress created the Freedom of Information Act (FOIA) and its sister, the Privacy Act, to guarantee citizens access to government files of interest or concern to them.  This act is a law!  This is supposedly a free country and therefore information should be readily accessible.  Sounds good on paper, but as we all know, some government agency clowns seem to have a totally different point of view.  Because of these mindsets, and the games that go with them, you need to know exactly how to submit your request.

The FOIA is intended to apply to any government agency.  It does not apply to Congress, Federal courts, or the Executive office.  There are also exemptions for Uncle Sam's banks and corporations held by the U.S. government.  While the act is worded to provide access to agency records, this term is not really defined within the body of the law.  The courts have, however, defined this to mean documents or other information bearing materials such as photographs and computer tapes, within both the possession and control of that agency.  Any U.S. citizen, permanent resident aliens, foreign nationals, corporations, unincorporated associations, etc. (you get the picture) can make the request.

The Act requires an agency to respond within ten working days.  If you're not happy with what you get, you can make an administrative appeal, to which they have 20 days to answer.  In all cases, there's a Catch-22 where they can claim a need to get files from field offices, etc.  But basically you should have some sort of response within a month to six weeks.  There are a few instances where they can deny the request completely, but these are things like national defense or security, agency personnel, trade secrets, oil well locations, and the biggie, where it may interfere with law enforcement in an ongoing investigation.  Sometimes they will try this load of manure on you.  But just remember that it's a peon making that denial and exemptions are discretionary, not mandatory.  You will usually get what you want with an appeal.  Then a supervisor has to look at the matter and they usually give up the goods.  Also, they cannot just claim that the information falls under some sort of exemption.  They must state exactly why!

Now what does this cost?  Well, the Act provides for a small fee to be charged for direct costs.  That's copying, folks, not the man hours involved in tracking this stuff down.  There are sometimes search fees, but they are pretty insignificant.  Whatever this "search" line is, it isn't man hours.  There's even a provision where these fees can be waived if it's in the public's best interest, but let's face it, they are mad enough at getting the request, so don't expect them to waive the fees unless you can get pretty creative with words and make them believe it's in the public interest!

Now let's get down to business and make the request.  At first glance everyone may think that's easy.  But perhaps some of us have more colorful backgrounds than others and want to target more than just one agency or branch office.  The United States Government Organization Manual is probably at your local library.  If not, call your local Congressional Representative.  His office should help one get to you.  (It's a nice way to make sure they are earning their paychecks!)  Once you have targeted who you want to ask, then give their local offices a call and get the address for FOIA requests.  If you're paranoid, make the call from a payphone.  But the simple fact is they just don't have the manpower to investigate you just because of the call.

Again, the Act is vague about the request, saying that you must reasonably describe any records being sought.  This only means that they want enough info so that an employee of that agency who is familiar with their filing system can locate the records with a minimum of time and effort.  You do not have to explain why you want the information.  Don't let them tell you that you do!  But keep in mind that the more precise and accurate the request, the more likely you are to get a complete response (unless they just try to shine you on like the Secret Service is doing with the Pentagon City Mall trip).  You should try to follow a basic request strategy.

Limit your request to what you really want.  Don't just say "all files relating to..." or you are giving them an excuse to delay or soak you with copy costs.

State what your request includes and what it doesn't include.

Be specific about the search logic; use "and/or" to cover all the bases and not give them an excuse to manipulate your request.

Decide if you want to write to a regional office or the central one.  Recent local investigations would probably be held in a local office.

If you know there have been newspaper accounts, then state that!  These Government geeks can be pretty thorough and so should you.

Include dates and locations, as well as the names of specific goons (officers, agents, whatever) if you know them.

If you are asking about yourself, then make sure you give as much identifying data as possible, i.e. Social Security number, driver's license number, date of birth, place of birth, etc.

Now anyone can write a letter.  And many people do.  Not that they get what they want.  But with a little effort, you will submit a masterpiece that will motivate them rather than allow them to ignore you.  By all means type it.  Date it.  Keep a copy.  Cite the statute: Freedom of Information Act, 5 U.S.C., § 552.  If you are asking for personal files on you, also cite the Privacy Act: 5 U.S.C., § 552a.  It's good to begin your letter with those cites.

Toward the end, remind them that you know your rights.  Nicely.  Let 'em know that if their response is not satisfactory, you will be appealing and ask that they include their name and the name of the person appeals would be directed to.  If you are requesting personal files, you will need to get your request notarized.  (Any bank or real estate office can do that for you.)  Remind them that you're entitled to anything left over when they get done blacking out all the neat stuff.  Because while they may blank out names, dates, and places, you can usually figure out the basics from what's left over.  You also might want to ask that they contact you with an estimate of fees if you think there's going to be a lot of data involved.

Now when you do end up with a bunch of pages with most of the text blacked out, that's just one of their BS strategies and you should appeal.  Appeals get you farther than you think.  Also, if you do not get an answer by the time you think you should, then write again or call to let them know that you feel they are violating the time limits set forth by law.

They may claim that materials do not exist when in fact you know they do.  True, they may just be playing you, but most often they are so disorganized that you will need to be even more specific than you already have been.  Some of these goons get so mistrusting of each other that they carry on their own little investigations and actual agency records may not even exist.  Be specific.  Get names of goons, dates, offices, etc.  2600 has already printed a listing of Secret Service offices (Winter 1992-93), and we've included one for FBI field offices as well.

If you are still running into trouble, then write your district Congressman or Senate representative.  There are even a couple of Congressional committees responsible for overseeing the lawful workings of the FOIA.

For more information, sample forms, and lots of help addresses, there is a booklet called "Using The Freedom of Information Act - A Step-by-Step Guide" available from the Center For National Security Studies, 122 Maryland Ave., Washington, D.C. 20002 for only $2.  They have some other pretty informative books as well on national security and surveillance.

Happy hunting!

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