1. What specifically are you seeking?
(The more detail you have on what information you would like, the more effective you will be in your effort to obtain the records containing that information. You may need to do some preliminary reporting to find out what records exist and the form in which they are kept.)
2. Where are the records you are seeking kept and who would have those records in their files?
For records kept in regional and local offices of the federal or state government (outside of central agency offices in Washington, D.C. or state capital offices, for example), contact the local agency branch. While you can go through the central agency office, it can be faster and more efficient to also request information at the local level where the information is kept.
3. Have you checked to see whether the information you are seeking is already publicly available, most likely on a related government Web site.?
(More and more government records are freely available online. If you don’t know whether the information you are seeking is available online, call the relevant agency and ask.)
If yes, congratulations. You’ve got what you need.
If no, go to the next question.
4. Have you contacted possible sources and the agency that has the records and asked for them?
If no, contact the sources and agency as ask for the records.
If you’ve done so and the records are being made available to you, congratulations. You have the information you’re seeking.
If you’ve done so and been told you can’t have the records, explain that you plan to file a freedom of information request. That may loosen things up a bit. If so, congratulations. If that doesn’t work, go to Step 5.
5. Keep track of your contacts with the agency in the course of seeking and requesting the information and following up. Note the dates and times and form of your communications with the agency, the name(s) of the agency contact(s), and the substance of any communications to and from the agency. This will help you pursue your rights to disclosure under freedom of information law.
6. Retrieve your responses to Question 1 and Question 2.
7. Are the documents you seek in the custody and control of a federal agency?
If so, find the agency on this list and contact the appropriate Freedom of Information contact. Talk with the FOI contact about what you’re seeking and how to streamline your request to minimize production costs and response time. Then go to the Reporters Committee for Freedom of the Press request generator here for help in structuring your letter: http://www.rcfp.org/foi_letter/generate.php. Note that you can make a case for a fee waiver and expedited review of your request. If the records you are seeking are kept in a regional office, consider filing your request through the centralized agency or the local federal branch office, or both.
8. Are the documents you see in the custody or control of a state or local government agency?
If so, click on the appropriate state from the first section of this module, and find the contact that can provide assistance. If your state has a Freedom of Information office, talk with a representative about what you’re seeking and how to streamline your request to minimize the production costs and response time. Whether or not your state has a Freedom of Information office, call the agency within which the records you seek are kept and figure out how to accurately and precisely describe the records you are seeking to minimize productions costs and response time.
Then go to the Reporters Committee for Freedom of the Press state freedom of information request generator here, http://www.rcfp.org/foi_letter/generate.php, for help in structuring your letter.
9. Follow the agency’s instructions for filing your Freedom of Information request.
Be sure to include your name, mailing address and other contact information, the name and contact information for the agency, an accurate and precise description of the records you are seeking, the fact that you are seeking the information pursuant to applicable freedom of information law, a cap on the amount you’re willing to pay for production costs, if required, your role (i.e., journalist or citizen, etc.), whether you are seeking expedited review, and the date of your request. Depending upon the agency, you may want to file your request electronically or via fax or snail mail. Regardless of your method, keep careful records of your own, including a copy of your request and the date it was sent.
10. Pay attention to dates and deadlines for a response to your request and follow the federal Freedom of Information Act or state freedom of information law to ensure you follow up correctly. Be sure to keep your own accurate records of all subsequent efforts to follow up.
11. If you don’t receive a reply or your request is denied, see the section about following up on records requests.
12. Need help? Email us and we’ll see if we can help direct you.