You are entitled to request records from public agencies (at the federal, state, county or city level). Public agencies have records pertaining to government programs, companies that receive government funding and individuals. Public records laws do not apply to private companies (including nonprofits), even if they receive public funding.
If you don’t know what records an agency keeps, a good place to start is the Records Retention Policy (sometimes called a document retention policy). These are often kept by state archives offices and tell you what records an agency is required to hold onto and for how long.
Public records laws vary by jurisdiction. At the federal level, they are governed by the Freedom of Information Act. States have their own laws. In New York, it’s called the Freedom of Information Law (FOIL). In California, it’s the Public Records Act (PRA). Each is different and you should study the law that applies to the jurisdiction in which you are submitting a request. You should cite the applicable public records law for the jurisdiction from which you are requesting records. The Reporters Committee for Freedom of the Press has an indispensible guide to federal and state laws.
Your first instinct should not be to automatically file a public request for records. Generally, you should contact an agency to ask if records are available online, on paper or without having to submit a request. This may get you the information you seek faster.
Most federal agencies have “electronic reading rooms” where they post frequently requested documents. Go there first – what you’re seeking might be just a click away. Here’s an example from the CDC.
If you do have to file a request, think through your story and figure out exactly what you need. For what time period? How would you like the information provided, on paper or electronically? Requests that are vague may yield information that ultimately isn’t helpful to your story.
Think about what other agencies might have the information you’re seeking. For example, the local health department collects information that gets turned over to the state health department and the CDC. So if one agency is being difficult, perhaps it would be easier to get it elsewhere in the chain.
When asking for data or records, don’t just think about one point in time or one facility. Good stories offer comparisons. If you are asking for parking tickets in New York City, for example, ask for multiple years. If you are asking for health citations at one grocery store, you may want to ask for this information about other stores as well.
You do not have to tell an agency why you are requesting records. Officials may ask, but public records laws give you the right to not to say. At the same time, it’s a balancing act because you don’t want to antagonize those making decisions on whether you get what you are seeking. Be judicious and cautious.
If you are requesting sensitive information, be mindful that your request may be shared throughout an agency and action may be taken to correct problems you are trying to identify. You may want to consider expanding the scope of your request to shield exactly what you are looking for.
You can ask for more than one item in a request, but you should indicate that you are willing to accept responses in pieces, as information becomes available, and you don’t want to wait until the entire request is fulfilled to get a response.
Public records laws give officials wide latitude in the amount of time they have to provide you with responsive records. Some requests have been open for a decade or longer. The only real milestone most agencies must meet is notifying you that your request has been received (usually from five to 20 days). After that, the waiting game begins.
You are entitled to ask for expedited consideration of your request, though that often requires a specific reason. This may include an upcoming court date or the overall importance of this request to society. The more specific, the better if you want the request to be granted.
Records requests can be pricey. You are entitled to ask for a waiver of fees. Again, if you do so, you should be as specific as possible with your rationale. You should also include a sentence indicating how much money you are willing to spend if your request for a waiver is turned down.
You should include a sentence in your request, if you want, indicating that you are willing to consider alternate records that may include some of what you are seeking. Some agencies may have some information readily available and, given your deadline, that may be enough.
Some jurisdictions charge for copies of records but they do not charge to inspect them. Be sure to ask about this, and perhaps specify in your request that you are seeking to inspect the records only. This can save you the cost it takes the agency to prepare the records for inspection, which can be significant. In this case, be sure to invest in a cheap all-in-one-printer or hand wand scanner to make copies.
Make sure you send your request to the correct address and provide your contact information.
If you don’t hear back in a sufficient amount of time (this varies based on the request), don’t feel bad about calling to inquire about its status. Be the squeaky wheel.
You can seek help from the National Freedom of Information Coalition and its state members. Those state groups often have passionate members who know the state laws inside and out, and they know who in state and local governments will be helpful.
MuckRock.com will file a request on your behalf and chase down the information for you (promising confidentiality).
If you’re having trouble getting a response, sometimes it’s helpful to speak with the FOIA officer. Sometimes rephrasing your request can bring faster results. If your records are denied in whole or in part, consider an appeal. These are often successful, even if you don’t have a lawyer. The federal government has an ombudsman’s office to assist you in mediating disputes or if you are hitting a dead end.
Let your imagination be the limit as far as what information you request. Seek documents, data, meeting minutes, etc. The worst that can happen is that an agency can say no. In the best case scenario, you may be entitled to records that you didn’t expect.
Finally, sometimes, the records request process can be adversarial. But it doesn’t have to be. Know your rights. Be firm about them. But also try to be flexible. Remember that many others – journalists, researchers and the public – want records too.
Here’s a good collection of resources from IRE.
The Open Missouri project is getting public data and putting it online for all to use.
Thanks to Pia Christensen, Felice Freyer and Jeff Porter for their tips.
