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.

Keeping this in consideration, 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.

Secondly How much does FOIA request cost? 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.

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.

When can you refuse a FOIA request?

You can refuse an entire request under the following circumstances: It would cost too much or take too much staff time to deal with the request. The request is vexatious. The request repeats a previous request from the same person.

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.

Do you have to pay for a freedom of information request?

Can a public authority charge for a request? Yes, a public authority can charge you for the costs of sending the information, such as photocopying and postage.

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 a FOIA request?

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.

Can you make an anonymous FOIA request?

Yes. Personal information is not mandatory for FOIA records requests. Personal information CAN be voluntarily given to expedite the process.

Who is exempt from ICO?

Maintaining a public register. Judicial functions. Processing personal information without an automated system such as a computer. Since 1 April 2019, members of the House of Lords, elected representatives and prospective representatives are also exempt.

What is Form G 639 used for?

Use Form G-639 to obtain access to U. S. Citizenship and Immigration Services (USCIS) records as allowed by the Freedom of Information Act (FOIA) at 5 U.S.C. 552 and the Privacy Act of 1974 (PA) at 5 U.S.C. 552a. With certain exceptions, FOIA provides access to Federal agency records.

Can you FOIA anyone?

Generally any person – United States citizen or not – can make a FOIA request.

What is a FOIA request?

FOIA Request – A request submitted to a federal agency asking for agency records on any topic. A FOIA request can generally be made by any person and to any federal agency.

Are GPs exempt from Freedom of Information Act?

The ICO has published guidance on the dataset provisions in FOIA. This explains what is meant by “not appropriate” and “capable of re-use”. … GPs do not have to publish in their publication schemes any information that would be exempt from disclosure in response to a FOIA request; eg patient records.

Can individuals submit a request for freedom of information over the phone?

If you cannot make your request in writing because of a disability, contact the public authority. They should help you to make the request another way – for example over the phone. You can ask for environmental information in writing, in person or by phone.

How many types of FOIA are there?

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

Are emails subject to FOIA?

Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax. See the list of federal agencies for details about how to make a request to each agency and any specific requirements for seeking certain records.

What documents are declared as records?

Documents are “declared” to be records when they provide evidence of actions or decisions. A small portion of records are preserved as archives.

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 are the nine FOIA exemptions?

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 .

Who is exempt from general right of access?

The Act creates a general right of access to information held by public bodies, but also sets out 23 exemptions where that right is either not allowed or is qualified. The exemptions relate to issues such as national security, law enforcement, commercial interests, and personal information.

How do I know if my ICO is exempt?

if you’re not sure if you’re exempt, you can take our online self-assessment at ico.org.uk/fee-checker.

Is ICO a legal requirement?

Do I need ICO registration? As part of the Data Protection Act, any entity that processes personal information will need to register with the ICO and pay a data protection fee unless they are exempt. This is the case for every type of company from sole traders and SMEs through to multinational corporations.