Freedom of Information Requests

Be specific but concise when describing the records you are seeking in your request. A description of the requested records is required for any FOIA request on the local, state, or federal level. Including detail increases the likelihood of receiving access to the correct records promptly, but keep your request direct and concise, too. Avoid terms like “related to” or “any and all” that could be up to interpretation.[1]

Keep in mind that FOIA requests are only for obtaining access to existing governmental records. Ensure that you know precisely what documents you are looking for prior to sending a request. You cannot make a FOIA request to ask a question to the agency or request information that would require the agency to create new record/conduct research.  

A FOIA request should only be used if you are certain that the record cannot be obtained through another means. FOIA requests can be costly, time-consuming, and burdensome for both requesters and federal employees. Check other resources such as agency webpages, databases, and other repositories prior to submitting a request. Many agencies even have online FOIA “reading rooms” for records that are frequently requested.[2]

[1]https://foiacouncil.dls.virginia.gov/ref/Best%20Practices%20for%20Making%20Requests%20for%20Public%20Records%202025.html

[2] https://nsarchive.gwu.edu/foia/making-foia-work-you

Please note that if you submit a FOIA request through the City of Chicago, your name and a brief description of the request will be made publicly available. All Chicago agency FOIA requests are listed online. 

• The City of Chicago offers a list of commonly requested FOIA documents maintained by each city department.
• For state agencies, utilize agency webpages to identify the correct agency. 

• A list of City of Chicago departments and their associated FOIA contacts is available here. If you are unable to identify the FOIA contact using this tool or the department’s webpage, call the general number and ask for the employee who handles FOIA requests.
• While the State of Illinois does not offer a centralized list of agencies’ FOIA contacts, most agency websites have a page focused on FOIA request procedures and contacts. 

The request must contain (1) your name, mailing address, and daytime phone number, and (2) a specific description of the records requested. 

• You may request to receive photocopies of the records or access to review the records in person.
• No fee is charged by city or state agencies for the first fifty pages of photocopied materials requested. After, a fee of 15 cents per page is charged to the requester.
• You may request a fee waiver in various circumstances, including if you can prove that the disclosure of the information is in the public interest, rather than solely personal interest. 

Under the Illinois FOIA, there is a “presumption of transparency,” meaning that records are presumed to be publicly accessible unless there is clear proof that the records contain private personal information or select information related to law enforcement activities. In some cases, the records may still be released with the private information redacted.  

• Begin by employing FOIA.gov’s Wizard tool to identify what agency would house the records you’re seeking and determine if they may be publicly available.
• Check the Federal Register. The Federal Register publishes administrative regulations, public notices, executive orders, and other federal documents daily. Records may be available in the archive.
• Check agency websites. The official FOIA website allows you to search all agency websites at once.
• Check databases and commercial publications, such as Data.gov. Data.gov offers free downloadable raw data and is frequently updated by agencies. 

• Cabinet-level departments typically have separate FOIA officers for agency subdivisions and regional offices. For instance, if you are seeking records related to taxes, be sure to contact the FOIA officer for the IRS rather than for the Department of Treasury.
• Utilize the FOIA.gov website to find the contact information for the relevant agency’s FOIA officer.
• If you are still uncertain of which subdivision/regional office to send your request to, you may contact the umbrella agency’s FOIA public liaison for guidance. 

• FOIA fees and regulations are decided by each separate agency. These regulations can be found in the Code of Federal Regulations and links to select agencies’ FOIA regulations sections can be found here.
• In addition, the Department of Justice’s Office of Information and Privacy (OIP) offers comprehensive guidance on FOIA regulations that are applicable to all agencies. Familiarize yourself with this resource prior to making your request.
• Fees vary by agency, but search fees generally range from $8-$45 per hour and duplication fees vary from $0.01 - $0.30 per page. Given this broad variation, it is highly recommended that you confirm the agency’s fees prior to submission to avoid unexpected costs if your request is granted. 

• FOIA requests can often be made online. Request procedures and allowable methods vary by agency, with some allowing requesters to send directly through FOIA.gov, while others require filling out a separate form. Identify the appropriate request procedure on FOIA.gov’s agency search feature.
• If you are uncertain how to write a FOIA request, you can view sample request letters in this 2012 House Report on making a request.
• Your request should always include your contact info and a description of the record(s) requested. You should offer to pay charges associated with search time and photocopies, if necessary, along with including a formal statement establishing an upper limit of the fee you are willing to pay.
• In addition, you may want to include the following information in your request:
  • If you would like the agency to contact you to confirm your willingness to pay above your upper fee limit
  • A request for a fee waiver. Keep in mind that each agency creates their own policies for determining when to grant a fee waiver and check this prior to submission. In general, fee waivers may be granted if the disclosure of this information is in the public interest and if you clearly state this.
  • A request for expedited review. Expedited review is broadly granted when there is an urgent threat to the safety of an individual, or if the requester is a reporter with an urgent need to report on alleged federal activity. A request may be eligible for expedited review for other reasons, based on the individual agency’s regulations.[1]

[1] https://guides.ll.georgetown.edu/c.php?g=320807&p=2146493

• Agencies are required by statute to respond to FOIA requests within 20 working days, except for in unusual circumstances.
  • For the purposes of FOIA requests, unusual circumstances include the need to collect documents from separate offices, to collect a large number of documents, and/or to consult with another subdivision or agency with a subject-matter interest in the request.
  • If the agency determines there are “unusual circumstances,” the FOIA officer will send a written notice detailing the relevant circumstances and the expected response date.
  • Keep in mind that despite this requirement, delays are frequent. You are encouraged to contact the appropriate FOIA officer to ask for an update if you do not receive a response within this timeframe. Delays in processing are especially common at agencies that process information related to national security
  • If you had requested expedited review, the agency is required by statute to respond within 10 days of the request date.
• If your FOIA request is denied, you must be provided with the rationale for the denial and a notification of your rights to appeal. FOIA requests may only be denied if the information falls under one of nine exemption categories:
  • Classified material where disclosure may endanger national security
  • Information solely related to internal agency procedures
  • Information prohibited from disclosure by another federal statute
  • Trade secrets and/or confidential financial information
  • Privileged interagency or intra-agency communication
  • Information that would violate an individual’s right to privacy if disclosed
  • Information compiled for law enforcement procedures, including information that could violate an individual’s right to a fair trial, disclose the identity of a private source or an individual’s personal privacy, and/or disclose law enforcement practices where disclosure could “reasonably be expected to risk circumvention of the law.”
  • Information relating to the supervision of financial institutions
  • Geological information related to water sources[1]
• In some cases, the agency may grant your request, but release redacted documents or only some of your requested documents. 

[1] https://www.foia.gov/faq.html

• Before you file an appeal, you may first choose to contact the FOIA officer handling the request or the agency’s FOIA public liaison to discuss any disputes or concerns. This may be an appropriate step if you are uncertain if an appeal would be successful or confused about the circumstances surrounding your request’s denial.
• FOIA request appeals are usually sent to the agency head within 30 days of denial, but each agency determines its own regulations on appeals, so make sure to confirm the appropriate procedure prior to filing your appeal.
• Sample appeal letters can be found here.