why would lawyer make foia request

FOIA, which stands for the Freedom of Information Act, is a statute (i.e. a federal law). Submitting a FOIA request allows groups or individuals to request documents that are considered public records from government agencies. In our case, one of the most relevant agencies is the Department of Veterans Affairs (VA).

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Who can make a FOIA request?

Mar 13, 2020 · Why would someone make a federal FOIA request? The FOIA is often described as the law that allows citizens to know what’s happening with their government agencies. Any person may request access to records, including memos, reports, emails, and video/audio files.

What is the freedom of Information Act (FOIA)?

Aug 03, 2021 · Making a FOIA Request. The Freedom of Information Act (FOIA) was enacted in 1966 to allow individual citizens to request access to government records. Many documents concerning the activities of the Offices of the United States Attorneys is available in the FOIA Library without a Freedom of Information Act request.

Can a US Attorney request information under the freedom of Information Act?

Mar 19, 2021 · Under the FOIA fee waivers are limited to situations in which a requester can show that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.

What information is required to be disclosed under the FOIA?

As Federal FOIA attorneys, we understand the various FOIA exemptions and will explain the rules to our clients. Protect Your Rights: If you are contemplating filing a FOIA request under 5 USC 552, or seeking to protect your sensitive information, our Freedom of Information Act Lawyers can help you to play by the rules and avoid unnecessary efforts. A federal Freedom of Information …

Why would someone make a FOIA request?

A FOIA request can be used to request federal agency records for which access is currently restricted due to the presence of security-classified or other sensitive information.Aug 25, 2021

What can you ask for in a FOIA request?

In your request you can ask to receive either an electronic copy or a physical copy of the records. If the records already exist in the form that you request them in, then the agency must generally provide the records in your preferred form.

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.

Do I have to respond to a FOIA request?

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.Nov 6, 2020

What types of things can not be requested through 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).More items...

What types of information can be accessed under the Freedom of Information Act?

The Act covers all recorded information held by a public authority. It is not limited to official documents and it covers, for example, drafts, emails, notes, recordings of telephone conversations and CCTV recordings.

What is a reason that a FOIA request may be denied?

When information is withheld, whether partially or fully, this constitutes a denial under FOIA. If your request is partially denied, you will receive a document in which the information that is exempted from disclosure has been redacted. A request may be denied for one or more of the aforementioned exemptions.Aug 17, 2018

Why would a FOIA be denied?

The agency you send a FOIA request to has the right to deny your request. This may happen if one or more of the nine FOIA exemptions apply to the records you wish to access. You may also be denied access to records if the agency determines that no documents are compatible with your request.

What are the reasons why a request could be denied?

6 Reasons Your Customer's Feature Request Was DeniedNot enough information about “why” ... Not enough information about “what” ... Doesn't align with the product vision. ... Request is specific to one customer. ... Not enough demand. ... Alternative solutions. ... In conclusion.Mar 17, 2021

What do you do if a Freedom of Information request is ignored?

Whenever you refuse a request you must always let people know about their right to complain to the ICO.

How long does it take to get a response to a FOIA request?

within twenty working daysVI. How Long Will It Take to Answer My FOIA Request? Under the statute, federal agencies are required to respond to a FOIA request within twenty working days, excluding Saturdays, Sundays, and legal holidays.

How long should a Freedom of Information request take?

20 working days8. Section 10 specifies that a public authority must comply promptly, and no later than 20 working days after the date of receipt of the request.

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.

What are the 9 exemptions?

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.

What is the third exclusion?

The third exclusion is limited to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. Records falling within an exclusion are not subject to the requirements of the FOIA.

How do agencies process requests?

Agencies typically process requests in the order of receipt. The time it takes to respond to a request will vary depending on the complexity of the request and any backlog of requests already pending at the agency. A simple request can be processed faster by the agency than one that is complex.

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.

When requesting information about another person, will you receive greater access?

Generally, when requesting information about another person you will receive greater access by submitting authorization from that individual permitting the disclosure of the records to you , or by submitting proof that the individual is deceased.

What is the name of the agency that handles FOIA requests?

In addition, there is now an office established within the National Archives and Records Administration called the Office of Government Information Services (OGIS), which offers mediation services to FOIA requesters as an alternative to litigation. Using OGIS’s services does not preclude you from filing a FOIA lawsuit.

What does it mean when a request is expedited?

At the Department of Justice, there are four specific situations where a request will be expedited, which means that it is handled as soon as practicable. First, a request will be expedited if the lack of expedited treatment could reasonably be expected to pose a threat to someone's life or physical safety.

Do you have to pay fees for a records search?

If you agree to pay fees for a records search, be aware that you may be required to pay such fees even if the search does not locate any responsive records or, if records are located, even if they are determined to be entirely exempt from disclosure.

Can I file a FOIA lawsuit with OGIS?

Using OGIS’s services does not preclude you from filing a FOIA lawsuit. Finally, the FOIA provides requesters with the right to challenge an agency's action in federal court. A federal judge will conduct an independent review of the agency’s action on your request.

How to contact Watson & Associates for FOIA?

If you are a government contractor seeking to obtain your Federal Freedom of Information Act information and protection of privacy legal help under 5 USC 552, call Watson & Associates’ FOIA lawyers at 1-866-601-5518 for a FREE INITIAL CONSULTATION.

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.

How to request FOIA?

If the information you want is not publicly available, you can submit a FOIA request to the agency’s FOIA Office . The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax. See the list of federal agencies ...

How do agencies process requests?

Agencies typically process requests in the order of receipt. The time it takes to respond to a request will vary depending on the complexity of the request and any backlog of requests already pending at the agency. A simple request can be processed faster by the agency than one that is complex.

Is a simple request faster than a complex request?

A simple request can be processed faster by the agency than one that is complex. Simple requests are typically more targeted and seek fewer pages of records. Complex requests typically seek a high volume of material or require additional steps to process such as the need to search for records in multiple locations.

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.

What is a FOIA request?

a federal law). Submitting a FOIA request allows groups or individuals to request documents that are considered public records from government agencies.

What to do if VA denies your application?

If you disagree with the denial of your initial request, you can file an administrative appeal within the Agency to try to overturn the VA’s determination. And if the VA (or other Agency) continues to deny the request, and you have exhausted the administrative appeal process, you can take the appeal to a U.S. District Court.

Can anyone take advantage of FOIA?

Anyone can take advantage of FOIA, such as an individual, someone acting on the behalf of an individual, or an organization like a law firm. You just need to submit a written request for the information you are seeking from the Agency.