What Is FOIA? How to Request Federal Records
The Freedom of Information Act gives the public a right to federal agency records. It is a useful tool, but it works within clear limits.
By Siddharth ShankarUpdated October 20, 2026The Freedom of Information Act (FOIA) lets any person request records from US federal agencies. Agencies generally have 20 working days to decide on a request. There is no initial fee, though costs depend on the type of requester. Agencies provide existing records but do not answer questions, and nine exemptions can block release. If you are denied, you have appeal rights. FOIA covers federal agencies, not state or local ones.
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FOIA is a US federal law that gives people access to records held by federal agencies. For privacy, it matters in two ways: it is a tool to see what government holds, and it explains why some information about people is public.
Who can make a request
According to a USDA FOIA FAQ, any person can make a request. That includes foreign nationals and organisations, not just US citizens.
What FOIA gives you
Agencies must provide records they hold. They do not have to create new documents or answer questions. A request should therefore describe the records you want, not ask for an explanation.
How long it takes
The FAQ says agencies have 20 working days to make a determination on a request. A determination is the agency’s decision about whether it will release the records. Complex requests may take longer in practice, so keep your reference number.
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What it costs
There is no initial fee for filing a request. After that, fees depend on the category of requester, and the agency can explain which applies to you. Ask the agency for a fee estimate if the request is large.
The nine exemptions
The FAQ says there are nine exemptions that allow an agency to withhold information. Exemptions exist, for example, to protect national security, personal privacy and law enforcement files. If part of a record is exempt, the agency may release the rest with redactions.
If you are denied
Denials come with appeal rights. The denial letter explains how to appeal and the deadline. An appeal asks the agency to review its decision, and you can seek further review beyond that.
How to make a request
The USDA page does not walk through the submission steps, and each agency posts its own instructions. In general:
1Find the right agency
Identify which agency would hold the records. Search its website for its FOIA page.
2Describe the records
Name the subject, dates and type of document. Be specific, so staff can find them.
3Follow the agency’s submission method
Use its online form, email or mail address as its FOIA page directs.
4Keep the tracking number
Note the date and any reference. Use it to follow up after 20 working days.
5Appeal if needed
If the answer is a denial or no answer, use the appeal process in the letter.
Writing a clear request
A good request names the record, the office that holds it and the dates it covers. It avoids broad phrases such as “everything about” a subject. A narrow request is easier for the agency to process, and less likely to be delayed or refused as too burdensome.
Your own records
People often want to see what a federal agency holds about them. Agencies publish their own guidance on requests for personal files, and rules such as the Privacy Act may also apply, so read the agency’s FOIA page for the route that fits. Be ready to prove your identity if the request is for your own information.
Why FOIA matters for your privacy
Public records are a major source for data brokers and people-search sites. Understanding what is public helps you decide what to do about it. See what data brokers are. In the UK, the equivalent route to your own data is a subject access request.
This page is a general guide, not legal advice. Check the agency’s own FOIA instructions before you file.
Sources
- USDA: Freedom of Information Act frequently asked questions (who can request, 20 working days, fees, existing records only, nine exemptions, appeal rights)
Frequently asked questions
Who can make a FOIA request?
Any person, including foreign nationals and organisations.
How long does an agency have to respond?
Agencies have 20 working days to make a determination on a request.
Does it cost anything to file?
There is no initial fee. Later fees depend on the requester category.
Can I ask an agency a question under FOIA?
No. Agencies provide existing records, not answers to questions.
What if my request is denied?
Denials come with appeal rights, explained in the letter.
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