what does a foia lawyer do

Attorneys working in the Freedom of Information Act (FOIA) Litigation Unit (FLU) apply their expertise, skills, and education to serve as agency counsel in defending the FBI in FOIA lawsuits brought by private parties and public interest groups seeking records of FBI's operations and activities, to include its efforts to fight terrorism, conduct counter-intelligence activities, combat public corruption, protect civil liberties, and prosecute cyber, high technology, white-collar and violent crimes.

Full Answer

What is the basic purpose of FOIA?

“The basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed. ” United States Supreme Court in NLRB v.

Why hire a FOI attorney?

The FOIA Lawyers at FOIAdvocates have considerable experience in successfully prosecuting FOIA and state public record lawsuits in trial and appellate courts — experience dedicated to fostering citizen oversight of governmental activities and operations.

Who can make a FOIA request?

Generally any person - United States citizen or not - can 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.

What does a freedom of information lawyer do?

Watson’s Freedom of Information lawyers help clients to overcome the common mistakes when requesting information from the government. Our FOIA attorneys understand the various exemptions and will explain the rules to our clients. As Federal FOIA attorneys, we understand the various FOIA exemptions and will explain the rules to our clients.

What is the purpose of FOIA?

What is the purpose of FOIA? The FOIA gives a person the right to request access to Federal records. However, some records may be protected from release pursuant to one of the nine FOIA exemptions.

How does the FOIA process work?

The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law.

What is a FOIA person?

The Freedom of Information Act [5 USC 552], or FOIA, generally provides that any person has a right—enforceable in court—of access to federal agency records, except to the extent that such records (or portions thereof) are protected from disclosure by one of nine exemptions.

What is the FOIA lawsuit?

Under the FOIA and the Administrative Procedure Act, a requester may litigate when he or she believes that the agency has improperly withheld agency records that should have been disclosed.

How long does a FOIA request take?

How long does an agency have to process an freedom of information request? The standard timeframe to process an FOI request is 30 days.

Can a FOIA request be denied?

Can the FCC deny my FOIA request? Yes. If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.

What happens if a FOIA request is ignored?

If your request is denied, and your internal appeal does not reverse this decision, you may sue the agency in the United State District Court in your state of residence, in the state where the records are located, or in the District of Columbia.

How many types of FOIA are there?

three categoriesFor purposes of fees only, the FOIA divides requesters into three categories: Commercial use requesters; • News media, educational, or scientific requesters; and • All other requesters.

Is a FOIA request confidential?

Freedom of Information Act (FOIA) requests are not confidential. Once a FOIA request is received, it becomes a public record of the USGS. If the request contains personally identifying information or the request is deemed “sensitive,” we may redact information under FOIA Exemption 6 (personal privacy).

How do you appeal a FOIA response?

Your appeal may also be sent by e-mail to FOIAAppeals@doc.gov or by facsimile (fax) to 202-482-2552. The appeal must include a copy of the original request, the response to the request and a statement of the reason why withheld records should be made available and why denial of the records was in error.

What information can be requested under Freedom of Information Act 2000?

You can ask for any information you think a public authority may hold. The right only covers recorded information which includes information held on computers, in emails and in printed or handwritten documents as well as images, video and audio recordings.

What to do when requesting a FOIA record?

FOIA – If requesting a record under FOIA, you should first talk to the agency that you believe has the material. Frequently, the agency will make the information available free of charge or sell it to you without having to invoke your right under the Freedom of Information Act.

What is the Freedom of Information Act?

The Freedom of Information Act ( FOIA) of 1966 and the Electronic Freedom of Information Act Amendments of 1996 allow you to obtain a copy of a record that has been maintained by a federal agency. These records do not contain any information on individuals and can be obtained by any member of the public making a request. This law is usually used to request copies of reports on specific matters or compilations of records on particular subjects.

What can a government lawyer do?

A government lawyer may be able to help you decide which agency would most likely have the record you are seeking to obtain. A lawyer can also help you determine under which law your request falls, and help guide you through the process of uncovering the information.

What is inter agency?

Inter-agency or intra-agency communications that are protected by legal privileges. Information involving matters of personal privacy. Certain information compiled for law enforcement purposes. Information relating to the supervision of financial institutions. Geological information on wells.

What is the Privacy Act of 1974?

Unlike the Freedom of Information Act, the Privacy Act of 1974 does not let you request just any records.

What are the exceptions to the Privacy Act?

The Privacy Act also provides exceptions for certain records, including: 1 Classified information on national security 2 Records concerning criminal investigations 3 Information that would identify a confidential source

Do you have to file a FOIA request?

Some agencies may require that you file a request through the agency’s FOIA office. Privacy Act – If requesting a record under the Privacy Act, you must usually make a written request and provide additional proof of identity.

What is FOIA 5 USC 552?

What is the Freedom of Information Act (FOIA 5 USC 552)? The Federal Freedom of Information Act states in general terms that the federal government should share information with the public that is not prohibited by statute or regulation. There are certain exemptions that everyone should be aware of.

Does Freedom of Information fall under FOIA exemptions?

Does your Freedom of Information request fall under FOIA exemptions? The answer to this question can save companies a lot of time and expense. Watson’s Freedom of Information lawyers help clients to overcome the common mistakes when requesting information from the government. Our FOIA attorneys understand the various exemptions and will explain the rules to our clients.

What is the purpose of FOIA?

The FOIA also requires agencies to proactively post online certain categories of information, including frequently requested records. As Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.

Who is responsible for the FOIA?

The Office of Information Policy at the Department of Justice is responsible for issuing government-wide guidance on the FOIA as part of its responsibilities to encourage all agencies to fully comply with both the letter and the spirit of the FOIA.

When should agencies withhold information?

The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law.

What is FOIA in the US?

What is FOIA? Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency.

Do federal agencies have to disclose information requested under the FOIA?

Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement. YouTube. The Justice Department. Subscribe.

Who is responsible for the FOIA?

The Office of Information Policy at the Department of Justice is responsible for issuing government-wide guidance on the FOIA as part of its responsibilities to encourage all agencies to fully comply with both the letter and the spirit of the FOIA.

What is FOIA in YouTube?

Please review the YouTube Terms of Service and the Google Privacy Policy . What is the FOIA? Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government.

Can a FOIA request be made for any agency?

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.

Is there a fee for FOIA?

There is no initial fee required to submit a FOIA request, but the FOIA does provide for the charging of certain types of fees in some instances. For a typical requester the agency can charge for the time it takes to search for records and for duplication of those records.

Does the government have a central office for FOIA?

There is no central office in the government that handles FOIA requests for all federal departments and agencies. Each federal agency processes its own records in response to FOIA requests. There are many different officials at these agencies who work hard every day to make sure that the FOIA works.

Do federal agencies have to disclose information requested under the FOIA?

Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement. YouTube. The Justice Department. Subscribe.