The FOIA permits HHS to charge fees to FOIA requesters. For noncommercial requesters, HHS may charge only for the actual cost of searching for records and the cost of making copies. Search fees usually range from about $23 to $83 per hour, depending upon the salary levels of the personnel needed for the search.
Then, Who does FOIA apply?
The FOIA applies only to federal agencies. It does not apply to records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws that should be consulted for access to state and local records.
Can you FOIA yourself? The answer is yes. You can file a FOIA request on yourself using the Freedom of Information Act and the Privacy Act. You can write a request letter or fill out an online request form if the agency provides one. After you finish writing the letter, you should submit it to the government agency that has your records.
Keeping this in consideration, Why does FOIA cost money?
Because the Freedom of Information Act helps people learn about their government and brings government records created with taxpayer money to the public, Congress did not want FOIA fees to discourage people from asking for information.
What is not covered by FOIA?
Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records. Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).
What happens if a FOIA request is ignored?
If the agency denies your request or does not respond within the required time period, you can appeal to the agency’s FOIA Appeals Officer. If the agency sent you a denial letter, it should set out the agency’s appeal procedures.
Can you FOIA anyone?
Generally any person – United States citizen or not – can make a FOIA request. How do I make a FOIA request? Before making a request, first look to see if the information you are interested in is already publicly available. You can find a lot of useful information on a range of topics on each agency’s website.
How long does it take to receive FOIA?
These can be processed in one to five workdays. Normal – These are usually processed in six to twenty workdays. Complex – requests that involve the entire contents of a case file, or that require extensive search, review, referral, consultation, and analysis. These can be processed in twenty-one to sixty workdays.
Does FOIA apply to private companies?
The FOIA does not apply to private companies; persons who receive Federal contracts or grants 18; private organizations; or State or local governments.
What material is exempt from FOIA?
The nine exemptions are described below. Exemption 1: Information that is classified to protect national security. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law.
Can you FOIA personal cell phone?
The court made it clear that regardless of how or when such communications were made, purely personal communications with no bearing on public business are not subject to FOIA.
How long do FOIA requests take?
Under the law, all federal agencies are required to respond to a FOIA request within 20 business days, unless there are “unusual circumstances.” This time period generally begins when the request is received by the FOIA office of the Department of Justice component that maintains the records sought.
How far back can FOIA request go?
Technically, government organizations must respond to a FOIA request with a denial or grant of access within 20 business days. Note that the agency must only respond within 20 days; it does not have to deliver the records within the 20-day time period.
What happens after FOIA request?
What happens after I submit my request? When EOUSA/FOIA receives your FOIA request, we will send you a letter acknowledging the request and assigning it a tracking number. If additional information is required from you so that it can begin processing your request, we will contact you.
How long should a FOIA request take?
Under the law, all federal agencies are required to respond to a FOIA request within 20 business days, unless there are “unusual circumstances.” This time period generally begins when the request is received by the FOIA office of the Department of Justice component that maintains the records sought.
Who is subject to a FOIA request?
The FOIA is codified at 5 U.S.C. Section 552. “Any person” can file a FOIA request, including U.S. citizens, foreign nationals, organizations, associations, and universities.
What can you ask for in a FOIA request?
A FOIA request can be made for any agency record. You can also specify the format in which you wish to receive the records (for example, printed or electronic form). The FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests.
What should I ask for in a FOIA request?
FOIA Tip No. 9: Writing a Good FOIA Request Part II
- Be clear and specific. …
- Make sure your request is reasonable in scope. …
- Provide a date range for records or a date of the event you are researching. …
- Provide accurate titles and full names, and include any news stories discussing the subject of your request.
Is a FOIA request confidential?
Freedom of Information Act (FOIA) requests are not confidential. … If the request contains personally identifying information or the request is deemed “sensitive,” we may redact information under FOIA Exemption 6 (personal privacy).
Does a FOIA request have to be in writing?
For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff. … Any letter or email to a public authority asking for information is a request for recorded information under the Act.
How long does it take to get FOIA information?
These can be processed in one to five workdays. Normal – These are usually processed in six to twenty workdays. Complex – requests that involve the entire contents of a case file, or that require extensive search, review, referral, consultation, and analysis. These can be processed in twenty-one to sixty workdays.
What is not covered by the Freedom of Information Act?
Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings. The Act does not give people access to their own personal data (information about themselves) such as their health records or credit reference file.
Who is not covered by the Freedom of Information Act?
Where a company is wholly owned by a number of local authorities it is also now a public authority for the purposes of FOIA. Individual MPs, assembly members or councillors are not covered by the Act.
Are FOIA requests anonymous?
Freedom of Information Act (FOIA) requests are not confidential. Once a FOIA request is received, it becomes a public record of the USGS. … The FOIA is designed to inform the public about agency actions, not to benefit individual litigants.