Lori Meadows
Students at public universities can use the Freedom of Information Act (FOIA) to request information from their universities. FOIA requests can include information found in documents, emails, audio or visual recordings, memos, and more. While journalists and members of the public make up most FOIA requests, students can use FOIA to strengthen campaigns, such as the Fossil Free campaign at the University of Manchester. Students can also use FOIA to find out facts about their universities' activities, such as library fines or gender pay gaps. In addition to FOIA, students can use other laws to access information, such as their state's public records laws or the Clery Act, which requires colleges and universities that receive federal funding to disclose campus crime data.
| Characteristics | Values |
|---|---|
| What is FOIA? | Freedom of Information Act |
| Who can use FOIA? | Journalists, members of the public, students, staff |
| What does FOIA apply to? | Federal government boards, commissions, and agencies |
| What is FOIA used for? | To find out information about universities' activities, e.g. library fines, gender pay gap, staff spending, investments |
| What is not covered by FOIA? | School transcripts, school district records of attendance, individual's criminal record, student loan information |
| What other laws are relevant? | FERPA, Clery Act, state public records laws |
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What You'll Learn
- Student journalists can use FOIA to get information when human sources won't talk
- FOIA requests can be made to access documents, emails, recordings, and memos
- FOIA requests can be made by journalists, students, and members of the public
- There are charges for the search, review, and duplication of federal records
- FOIA requests can be appealed if denied
Student journalists can use FOIA to get information when human sources won't talk
Student journalists can use the Freedom of Information Act (FOIA) to their advantage when human sources won't talk. The FOIA grants access to information from documents, emails, audio or visual recordings, memos, and more. However, it's important to note that FOIA does not cover records held by state or local government agencies, private businesses, or individuals, including school transcripts and student loan information.
Student journalists should familiarise themselves with their state's public records laws, as these can vary and provide additional avenues for obtaining information. For example, New York's Freedom of Information Law (FOIL) or Utah's Government Records Access and Management Act (GRAMA). Understanding these laws and one's rights as a journalist is crucial.
When using FOIA, persistence is key. Student journalists should not be discouraged by the time it may take to receive a response, as the rewards can be exclusive stories and data that can make a significant impact. It is also recommended to start practising the skills that lead to FOIA mastery, such as filing requests and understanding the process.
Journalistic ethics should also be considered when dealing with sources and their information. Student journalists should treat sources with respect and clearly communicate the ground rules and potential consequences of sharing information. While not legally bound by HIPAA, journalists should also carefully consider the ethical implications of disclosing a source's medical condition. Additionally, it is essential to respect any prearranged agreements, such as information being "on the record" or "off the record," and to avoid threatening punitive action for a source's lack of cooperation.
By utilising FOIA, understanding the associated laws and ethics, and treating sources with respect, student journalists can effectively gather information and create impactful stories even when human sources are unwilling to talk.
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FOIA requests can be made to access documents, emails, recordings, and memos
The Freedom of Information Act (FOIA) has provided the public with the right to request access to records from any federal agency since 1967. FOIA requests can be made to access documents, emails, recordings, and memos. Requests must be in writing and should reasonably describe the records being sought. Most federal agencies now accept FOIA requests electronically, via web form, email, or fax.
FOIA requests can be made for any agency record, and requesters can specify the format in which they wish to receive the records (e.g., printed or electronic form). However, the FOIA does not require agencies to create new records, conduct research, analyze data, or answer questions when responding to requests. Agencies are only obligated to provide electronic records if they can do so with a reasonable amount of effort. If electronic records are requested but only available in paper format, agencies may print and mail them, but there may be a fee associated with this.
Before making a FOIA request, it is advisable to check if the information is already publicly available on the agency's website or on FOIA.gov. If the information is not publicly available, requests should be addressed directly to the FOIA office of the agency believed to have the records. This will ensure the quickest possible response.
It is important to note that FOIA does not cover non-agency records, personal records, or physical artifacts. Federal FOIA also does not provide access to records held by state or local government agencies, private businesses, or individuals. This includes school transcripts, school district records, and student loan information, which are not covered under FOIA but are accessible to the individual or a third party with written consent under the Privacy Act.
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FOIA requests can be made by journalists, students, and members of the public
The Freedom of Information Act (FOIA) is a federal law that gives people the right to request information kept by federal government agencies. It has been in place since 1967 and is often described as the law that keeps citizens informed about their government. FOIA requests can be made by journalists, students, and members of the public.
Journalists and members of the public can submit a FOIA request to access information kept by federal government agencies. The FOIA also requires agencies to make certain information automatically available to the public in online "reading rooms". This includes regulations, general policy statements, staff instructions, final opinions, and other records that may be of interest to the public. Additionally, journalists may be entitled to a fee waiver and expedited processing of their request if they can demonstrate an "urgency to inform the public".
Students, as members of the public, also have the right to submit FOIA requests. However, it is important to note that the FOIA does not provide access to records held by state or local government agencies, private businesses, or individuals. This includes school transcripts, school district records of attendance, and student loan information. While student loan information is not covered under the FOIA, it is accessible to the individual student or a third party with written consent under the Privacy Act.
To make a FOIA request, one must simply submit a written request that reasonably describes the records being sought. Most federal agencies now accept FOIA requests electronically, via web form, email, or fax. Each federal agency processes its own records in response to FOIA requests and will typically send a letter acknowledging the request with an assigned tracking number. After processing the request, the agency will send a written response indicating whether the records were located and including all releasable documents.
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There are charges for the search, review, and duplication of federal records
The Freedom of Information Act (FOIA) allows individuals to gain access to federal agency records. FOIA requests can include information found in documents, emails, audio or visual recordings, memos, and more. While there is no initial fee to make a FOIA request, there are charges for the search, review, and duplication of federal records. These fees vary based on the requester.
FOIA divides requesters into three categories for the purpose of fees: commercial-use requesters, news media/educational/scientific requesters, and all other requesters. Commercial-use requesters are charged for any search time, document review, and duplication. News media, educational, or scientific requesters are charged for duplication only, after the first 100 pages. All other requesters are charged for search time (after two hours) and duplication (after 100 pages). If the requester does not specify a fee limit, it is assumed that they are willing to pay all fees incurred during the processing of their request.
Requesters can request a waiver for FOIA processing fees if they can show that the disclosure of the requested information is in the public interest. Members of the media and educational institutions whose primary interest is educating the public on the information requested are eligible for a fee waiver. However, fee waivers are limited to situations where the disclosure of information is likely to contribute significantly to the public understanding of government operations and activities.
The time it takes to respond to a FOIA request varies depending on the complexity of the request and any backlog of requests already pending at the agency. Simple requests are typically processed faster than complex requests, which may require additional steps such as searching for records in multiple locations. Under certain conditions, such as when there is a threat to someone's life or physical safety, a request may be expedited and handled as soon as practicable.
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FOIA requests can be appealed if denied
The Freedom of Information Act (FOIA) allows individuals to request access to certain records held by state or local government agencies, including public universities. While FOIA requests can include a broad range of information, such as documents, emails, recordings, and memos, there are some records that are not accessible under FOIA, including school transcripts, school district records, and student loan information.
If your FOIA request is denied, you have the right to appeal the decision. Each department has its own appeal process, and specific procedures must be followed to ensure your appeal is accepted. For example, the Department of the Interior requires that you include all relevant correspondence and provide detailed reasons why you believe the initial response was in error. Similarly, the Department of Education requires that you send your appeal to the attention of the FOIA Public Liaison and prominently display "FOIA Appeal" on the envelope to avoid delays.
It is important to note that FOIA appeals are typically reviewed by a department official of higher rank than the original response official. This official will assess the factual evidence for the denial and determine whether to uphold or reverse the decision. The appeal process ensures that individuals have a mechanism to challenge the handling of their FOIA request and seek access to information that may be important to them or the public.
When filing a FOIA appeal, it is crucial to act promptly as there are often time limits for submitting your appeal. For instance, appeals to the Department of the Interior must be received by the FOIA Appeals Officer within 90 workdays from the date of the final response. Additionally, some departments may charge fees for the search, review, and duplication of records, and these fees may need to be paid in advance or waived based on the requester's eligibility.
Understanding the specific appeal process for the relevant department is essential to ensure a successful appeal. By following the required procedures and providing comprehensive supporting documentation, individuals can effectively challenge the denial of their FOIA requests and increase their chances of obtaining the information they seek.
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Frequently asked questions
FOIA stands for the Freedom of Information Act. It is a freedom of information tool that acts as a standing invitation for journalists and other members of the public to attend the business meetings of most federal government boards, commissions, and agencies.
All "public records" are available unless they fall under a specific exemption listed by the state law. The federal FOIA does not provide access to records held by state or local government agencies, or by private businesses or individuals.
You can submit a FOIA request by mail or fax to the U.S. Department of Education. Be sure to include "FOIA Request" or "FOIA Appeal" prominently on the envelope.
There are charges for the search, review, and duplication of Federal records, which vary based on the requester. Certain requesters, such as members of the media and educational institutions, may qualify for a fee waiver.
