The Bloggers' FAQ Freedom of Information Act

原始链接：http://www.eff.org/bloggers/lg/faq-FOIA.php
The Bloggers' FAQ on the Freedom of Information Act can help bloggers use open government laws to get information from the government.
What is the Freedom of Information Act?
The Freedom of Information Act (FOIA) is a federal law that gives people the right to request information kept by federal government agencies.
The law also requires agencies to make certain information automatically available to the public. These records include regulations, general policy statements, staff instructions, final opinions, and other information that affect members of the public. Furthermore, the FOIA says that data that is or is likely to be frequently requested should be automatically published online.
You can read the text of the FOIA here.
Who can make requests under the FOIA?
Anyone.
Does the whole federal government have to turn over information under the FOIA?
No. The law applies only to federal agencies, departments, regulatory commissions, federal corporations and other executive branch offices. The President, Congress, federal courts, and private companies are not subject to FOIA, though some White House offices are covered by the law.
The FOIA does not apply to state and local governments, but they may have their own open government laws. For information about state open records and open meetings laws, see RFCP's Open Government Guide.
If you're still unsure whether a government office is covered by the FOIA, check the web site of that office.
What kind of information can I get through the FOIA?
The FOIA says that any agency records must be turned over to a requester unless they fall within one of several narrow categories of information that don't have to be disclosed. These categories include:
classified information that would damage national security
internal information involving personnel rules and agency practices
material specifically shielded from disclosure by another law
confidential commercial or financial data, like trade secrets
records that would be privileged in litigation
information that would invade someone's privacy
law enforcement records
information related to government regulation of financial institutions
certain geological/geographical data
Can I get electronic records through the FOIA?
Yes. You can get many different types of records in response to a FOIA request, including documents, emails, photographs, and sound or visual recordings.
How do I know what to ask for?
News articles, government reports, press releases, and Congressional hearings are good starting points for thinking up FOIA request ideas.
How do I make a FOIA request?
You can make a FOIA request by mailing or faxing a letter to the agency. You may also be able to submit your request by email. Check the agency's web site for information about how and where to send requests.
Are there any step-by-step guides for writing and submitting FOIA requests?
Yes. Reporters Committee for Freedom of the Press has published a guide called How To Use the Federal FOI Act, and also has a FOI Letter Generator. The National Security Archive also has helpful guidance for FOIA requesters.
Can I ask for government records about myself under the FOIA?
Yes. You can also ask for this kind of information under the Privacy Act of 1974 if you are an American citizen or permanent legal resident.
How much does it cost to make a FOIA request?
It depends. The law allows agencies to charge fees to search for, review and duplicate records for commercial requesters. Other requesters may be required to pay some, but not all, of these fees. Requesters from media, educational, non-commercial or scientific entities have special fee status–they don't have to pay search or review fees, but may have to pay some duplication fees. However, a requester who can show that the disclosure she seeks is in the public interest may pay reduced or no duplication fees.
How long does it take to get information through the FOIA?
It depends on the agency and request. The FOIA generally requires that agencies grant or deny requests within 20 working days. Unfortunately, many agencies don't act on requests within the time required by the law, so it may take much longer to get the records. To get a sense of what an agency's response time might be, take a look at the annual FOIA report on its web site.
Is there any way I can get the information faster?
The FOIA does allow for "expedited processing," which means an agency must move your FOIA request to the head of the line and process it "as soon as practicable." A journalist or other person who is "primarily engaged in disseminating information" may ask for expedited processing when she can show that her request involves a matter of "compelling need." A requester can also ask for expedited processing when delayed disclosure of information threatens someone's life or physical safety. Requesters should check the agency's regulations to see if it has any other basis for granting expedited processing.
I'm a blogger who is also a journalist. Do I get special treatment under the FOIA?
Yes. If you are a representative of the news media, you are entitled not to be charged fees for the agency's search or review of records. You may also qualify to have your request processed faster than it otherwise would be if you can show that there's an "urgency to inform the public" about the information you've requested.
After I've submitted my request, what if I don't hear anything from the agency?
If you don't get a response from the agency within 20 working days, you can treat it as though the agency denied your request, and you may either file an administrative appeal or seek judicial relief in court. If you file an administrative appeal and the the agency doesn't respond to it within 20 working days, you again have the right to file suit.
What if the agency doesn't give me the information I asked for?
If the agency denies your request, you can appeal the decision. If your appeal is also denied, you have the right to file suit.
What if the agency denies my request for expedited processing or doesn't respond to it?
If the agency doesn't grant expedited processing, you have no obligation to appeal and may file suit immediately on the issue of your right to expedition.