How to Word FOIA Requests: Avoid Denials and Get Results

Before delving into how to word your FOIA requests, it’s important to understand how public agencies process these requests and the common tactics they use to deny access to information:

1. Ambiguity and Vagueness: Agencies can claim that a request is “too vague” or “overly broad” if it is not specific enough. This is a common tactic to deny or delay a request.
2. Overbroad Requests: Requests that cover too wide a scope or timeframe can be rejected as overly burdensome. Agencies may ask for the request to be narrowed, which can lead to delays.
3. Search Limitations: Agencies are only required to perform a “reasonable” search for records. If your request is not worded precisely, they may limit their search to specific departments or file types, missing relevant documents.
4. Exemption Claims: If a request is not clear or is too broad, agencies may find it easier to invoke exemptions to withhold documents.

Understanding these tactics is crucial for crafting requests that minimize the chance of denials. Let’s explore how to word your FOIA requests effectively to avoid these pitfalls.

1. Be Specific and Clear in Your Request

Why This Matters:

Agencies often deny FOIA requests that are deemed too vague or broad. Specificity reduces the likelihood of an agency claiming it cannot locate records or that the search would be overly burdensome.

How to Do It:

• Identify Specific Records: Clearly describe the documents you are seeking. Include the type of document (e.g., emails, reports, contracts), the subject matter, and any relevant dates.
  • Example: “I request all email communications between John Doe and Jane Smith from January 1, 2023, to March 31, 2023, regarding the XYZ project.”
• Provide Identifiable Details: Mention specific keywords, names, titles, departments, or file types to help the agency locate the records more easily.
  • Example: “I request all internal memos related to ‘Policy ABC’ within the Department of Finance dated between February 1, 2022, and February 28, 2022.”

Avoiding Loopholes:

• Avoid General Language: Instead of saying, “all documents related to,” specify the types of documents, relevant dates, and individuals involved.
• Be Detailed but Concise: Include enough detail to narrow the scope but avoid overly complex or convoluted language that could be interpreted as vague.

2. Define a Reasonable Timeframe

Why This Matters:

Requests with overly broad timeframes can be denied as too burdensome. Conversely, an unreasonably narrow timeframe could lead to missing key documents.

How to Do It:

• Set Specific Date Ranges: Instead of asking for “all records,” specify a start and end date for the records you seek.
  • Example: “I request all meeting minutes related to the Zoning Board from January 1, 2022, to December 31, 2022.”
• Justify the Timeframe: If your timeframe is long, provide a rationale for why that period is necessary.
  • Example: “I am requesting records from 2015 to 2020 because they cover the entire period of the XYZ investigation.”

Avoiding Loopholes:

• Be Realistic: Ensure that your timeframe is practical. A request spanning decades is more likely to be denied or delayed.
• Use Key Events as Markers: Anchor your timeframe around specific events, such as “from the date of the policy’s approval on June 1, 2019, to one year after implementation.”

3. Use Precise Language to Prevent Misinterpretation

Why This Matters:

Agencies can exploit vague or ambiguous language to limit their search scope or deny the request altogether.

How to Do It:

• Avoid Broad Terms: Instead of saying “related to,” use more specific terms like “mentioning,” “discussing,” or “referencing.”
  • Example: “I request documents mentioning the ‘XYZ Report’ prepared by the Office of Inspector General.”
• Be Clear About the Format: Specify whether you want emails, memos, meeting minutes, etc.
  • Example: “I request all PowerPoint presentations given during the fiscal year 2023 budget meetings.”

Avoiding Loopholes:

• Prevent Search Limitation: Clearly state that you expect the search to cover all relevant departments and include electronic and paper records unless specified otherwise.
• Use Inclusive Language: Use phrases like “including but not limited to” to prevent agencies from narrowly interpreting your request.

4. Anticipate and Preempt Exemption Claims

Why This Matters:

Agencies often invoke exemptions to withhold records. Anticipating these exemptions and addressing them in your request can help reduce their likelihood.

How to Do It:

• Acknowledge Potential Exemptions: State that you are aware of potential exemptions and are willing to accept redacted versions of documents.
  • Example: “I understand that some information may be exempt under FOIA; please provide all non-exempt portions of the documents.”
• Argue Public Interest: If the information is in the public interest, state this clearly to counter exemptions related to privacy or confidentiality.
  • Example: “This request concerns a matter of public interest, specifically the use of public funds for XYZ.”

Avoiding Loopholes:

• Request a Vaughn Index: If records are withheld, ask for a Vaughn Index that justifies each exemption. This makes it harder for agencies to overuse exemptions.

5. Specify Your Preferred Format and Delivery Method

Why This Matters:

Agencies may delay processing by claiming they need time to convert records into the requested format or by providing records in less accessible formats.

How to Do It:

• Request Digital Formats: If you prefer electronic records, specify that you want documents in a searchable PDF format.
  • Example: “I request that all responsive documents be provided in searchable PDF format and sent to my email address.”
• Be Open to Alternatives: If certain records cannot be delivered in your preferred format, state that you are willing to discuss alternatives.

Avoiding Loopholes:

• Avoid Non-Specific Language: Don’t just say “all records”; specify “all records in their native digital format” to avoid unnecessary delays or excessive printing fees.

6. Set Clear Deadlines and Follow-Up

Why This Matters:

Agencies often delay responses or push back deadlines. Setting clear deadlines shows you are aware of your rights.

How to Do It:

• State the Legal Deadline: Mention the statutory deadline for a response.
  • Example: “I expect a response to this request within the 20 business days provided by FOIA.”
• Follow Up Promptly: After the deadline passes, follow up with a polite reminder and ask for a status update.

Avoiding Loopholes:

• Document All Correspondence: Keep detailed records of all communications, including follow-ups, to use in any appeals or legal actions.

7. Be Prepared to Appeal Denials

Why This Matters:

Even well-worded FOIA requests can be denied. Knowing how to appeal effectively is crucial.

How to Do It:

• File a Timely Appeal: Review the agency’s denial letter carefully and submit an appeal within the specified timeframe.
• Counter the Denial Point-by-Point: Address each reason given for the denial and provide counterarguments supported by FOIA law or precedent.

Avoiding Loopholes:

• • • Use Legal Support: Consider seeking legal assistance for complex or significant requests to strengthen your appeal.