July 2011

Your Right To 

Federal Records

Questions and 

Answers on the 

Freedom of Information 

Act and the Privacy Act
Table of Contents 

Introduction.............................................. i

The Freedom of Information Act 

What the Freedom of Information Act is and 

How to Use it ........................................... 1

The Privacy Act

What the Privacy Act is and How to Use it ...10

A Comparison of the Freedom of 

Information Act and the Privacy Act

Relationship Between the Two Laws and 

Deciding Which to Use..............................16

Other Sources of Information ..................18
Introduction

Enacted in 1966, and taking effect on July 

4, 1967, the Freedom of Information Act 

(FOIA) provides that any person has a right, 

enforceable in court, to obtain access to 

federal agency records, except to 

the extent that such records (or 

portions of them) are protected 

from public disclosure. The FOIA 

is often described as the law 

that keeps citizens 

in the know about 

their government. 

As Congress, the 

President, and 

the Supreme Court have 

all recognized, the FOIA is a 

vital part of our democracy. 

Under the FOIA, agencies must 

disclose any information that 

is requested – unless that 

information is protected from 

public disclosure. The FOIA 

also requires that agencies 

automatically disclose certain 

information, including frequently 

requested records. Agencies 

routinely post a wide variety of 

documents on their websites 

to inform the public about 

the activities of that agency. 

The primary source of FOIArelated information for the 

public is the FOIA.Gov website (www.foia.gov). FOIA.Gov is 

a website created by the 

Department of Justice where you 

can learn about the FOIA, view 

significant FOIA releases, and 

access all the data collected by the 

Department of Justice reflecting 

agencies’ administration of the 

FOIA. On FOIA.Gov, you will find 

information about making a FOIA 

request, including agency contact 

information. FOIA.Gov contains 

a glossary of FOIA terms, 

frequently asked questions and 

4

i
ii 1

answers connected with the FOIA, 

educational videos, and links and 

information regarding other Open 

Government websites. FOIA.Gov

also provides detailed information 

about the number of FOIA requests 

received each year, how agencies 

handled these requests, as well 

as information on processing 

times, backlogs, fees and agency 

personnel who work to comply 

with the FOIA. 

The Department of Justice’s Office 

of Information Policy (OIP) oversees 

agency compliance with the FOIA 

and encourages all agencies to 

fully comply with both the letter 

and the spirit of the FOIA. At OIP’s 

website (www.justice.gov/oip), 

you will find additional information, 

guidance, and a comprehensive 

legal treatise on the FOIA called 

the United States Department of 

Justice Guide to the Freedom of 

Information Act. The OIP website 

also includes summaries of court 

opinions decided under the FOIA 

and links to agencies’ Annual FOIA 

Reports and Chief FOIA Officer 

Reports.

The Privacy Act of 1974 can also 

be used to obtain access to records 

about yourself. The Privacy Act 

establishes certain controls over 

how executive branch agencies 

of the federal government collect, 

maintain, use and disseminate 

personal information about 

individuals maintained by federal 

agencies. The Privacy Act provides 

individuals with a means to seek 

access to and amendment of 

their records, but it pertains only 

to records about individual U.S. 

citizens and lawfully admitted 

permanent resident aliens. 

The FOIA, on the other hand, 

covers virtually all records in the 

possession and control of federal 

executive branch agencies.

This brochure provides basic 

guidance about how the FOIA and 

the Privacy Act work to assist you 

in exercising your rights. It uses 

a question-and-answer format to 

present information about these 

laws in a clear, simple manner. The 

brochure is not intended to be a 

comprehensive analysis of the 

complex issues associated with the 

FOIA and the Privacy Act.

The questions answered here 

are those frequently asked by 

persons who contact the Federal 

Citizen Information Center (FCIC) 

of the U.S. General Services 

Administration for information on 

the FOIA and the Privacy Act. The 

answers were compiled by the 

FCIC, along with the Department 

of Justice — the agency responsible 

for encouraging agency compliance 

with the FOIA in a spirit of openness 

and transparency. The Office of 

Management and Budget (OMB), 

which has a similar responsibility 

for the Privacy Act, reviewed the 

answers to questions on that law.

The Freedom of Information Act

What information is 

available under the FOIA?

The Freedom of Information 

Act (FOIA) provides the 

public with a right of access 

to federal agency records except 

for those records (or portions of 

those records) that are protected 

from disclosure by any of nine 

exemptions. In addition, in 

three carefully defined situations, 

certain sensitive law enforcement 

records are “excluded” from the 

requirements of the FOIA. 

The FOIA’s exemptions provide 

protection for nine categories of 

information. 

The exemptions cover:

1. classified national defense and 

foreign relations information, 

2. internal agency personnel 

rules and practices,

3. information that is prohibited 

from disclosure by another law,

4. trade secrets and other 

confidential commercial 

information,

5. inter-agency or intra-agency 

communications that are 

protected by legal privileges,

6. information that would invade 

someone’s personal privacy,

7. certain information compiled 

for law enforcement purposes,

8. information relating to the 

supervision of financial 

institutions, and

9. geological information on wells.

The FOIA does not apply to 

Congress, the courts, or the 

inner offices of the White House, 

nor does it apply to records in 

the custody of state or local 

governments. However, all state 

governments have their own 

statutes that provide procedures 

for access to state records. Details 

about a state’s records access law 

are available on the state’s official 

website. 

Under the FOIA, you can request 

a copy of any record that is 

in an agency’s files and it will 

be provided to you unless it is 

protected from disclosure by one 

of the exemptions or exclusions. 

Before making your FOIA request, 

first check the agency’s website 

to see if the agency has already 

posted the information you seek. 

FOIA.Gov includes links to all the 

agencies’ FOIA websites and so 

can be a useful starting point. For 

example, suppose you have heard 

that a certain toy has been recalled 

as a safety hazard and you want to 

know the details. The Consumer 

Product Safety Commission’s 

website allows you to search for 

recall information by product type, 

company, product description, 

type of hazard, and location of 

manufacturer, and posts recall 
The Freedom of Information Act

If the records you seek are 

about yourself, you can 

request them under both the 

FOIA and the Privacy Act of 

1974.

documents. If you want further 

information about the recall, you 

could make a FOIA request to 

the agency. Perhaps you want to 

read the latest inspection report 

on conditions at a nursing home 

certified for Medicare. Medicare’s 

website includes information 

explaining the inspections, 

inspection reports, and tools for 

comparing reports from different 

facilities. If you need more 

information about the inspections 

or how they are conducted, you 

could make a FOIA request. In 

both of these examples, you 

could use the FOIA to request 

information from the appropriate 

federal agency.

If the records you seek are about 

yourself, you can request them 

under both the FOIA and the 

Privacy Act of 1974 (see “The 

Privacy Act” on page 10 for 

further information pertaining to 

the Privacy Act). In such cases, 

records may be withheld from 

you only if exempt from release 

under both laws (See a ”Sample 

Privacy Act Request Letter” on 

page 13).

When you make a FOIA request, 

you must describe the records that 

you seek as clearly and specifically 

as possible and comply with the 

agency’s regulations for 

making requests. If the 

agency cannot identify 

and locate records that 

you have requested with 

a reasonable amount of 

effort, it will not be able 

to assist you. All federal 

agencies strive to handle 

all FOIA requests in a 

customer-friendly fashion, 

in accordance with the 

FOIA. For example, for 

requests that will require 

more than ten days for 

the agency to process, the FOIA 

requires agencies to assign a 

tracking number to your request. 

Each agency must provide a 

telephone number or website 

by which a requester can use 

the assigned tracking number 

to obtain information about the 

status of a pending request. 

Further, each agency is required 

to provide a Public Liaison to 

assist in the resolution of disputes 

between the requester and the 

agency. However, the FOIA 

does not require agencies to do 

research for you, analyze data, 

answer written questions, or in 

any other way create records in 

order to respond to your request.

Can I find agency records 

on the internet?

Yes, and it can be useful to look 

at the information that an agency 

makes available on the internet 

before making a FOIA request. 

Agencies place a wide variety of 

information on their websites that is 

useful to the general public and that 

describes their various programs 

and activities. Additionally, the 

FOIA requires that agencies make 

certain records available on the 

internet. For example, you will 

find certain agency opinions, 

staff manuals, policy statements, 

and records frequently requested 

under the FOIA. You can find 

links to the FOIA sites of federal 

agencies on the internet by going to

FOIA.Gov (www.foia.gov, click 

on the “Learn” tab, then click on 

“Where to Make a FOIA Request”). 

Whom do I contact in the 

federal government with 

my request? How do I get 

the right address?

The FOIA.gov website provides 

contact data for all agencies. 

No single office of the federal 

government handles all FOIA 

requests. Each FOIA request must 

be made to the particular agency 

that has the records that you seek. 

Therefore, it is important to send 

your request to the appropriate 

office. For example, if you want 

to know about an investigation 

of motor vehicle defects, write to 

the Department of Transportation. 

If you want information about a 

work-related accident at a nearby 

manufacturing plant, write to the 

Department of Labor (at its office 

in the region where the accident 

occurred). Most of the larger 

federal agencies have several 

FOIA offices. Some have one for 

each major bureau or component; 

others have one for each region of 

the country.

The Department of Justice 

maintains FOIA.Gov to help the 

public know where to make FOIA 

requests. FOIA.Gov offers a list 

of all the government agencies, 

briefly describes their missions, 

and provides contact information 

for each agency’s FOIA office or 

offices. To access FOIA.Gov’s 

list of federal agencies, visit 

www.foia.gov (click on the “Learn” 

tab, then click on “Where to Make 

a FOIA Request”). 

For additional assistance, you 

can contact the Federal Citizen 

Information Center (FCIC) 

of the U.S. General Services 

Administration. The FCIC is 

specially prepared to help you 

find the right agency, office, and 

2 3
The Freedom of Information Act

FOIA requesters are not 

required to state the reasons 

why they are making their 

requests. 

address. See ““Other Sources of 

Information” on page 18 for 

information on how to contact the 

FCIC. 

The U.S. Government Manual, 

the official handbook of the 

federal government, may also be 

useful. It describes the programs 

within each federal agency and 

lists the names of top personnel 

and agency addresses. You 

can access the Manual online at 

www.gpoaccess.gov/gmanual/

index.html. The Manual is also 

available at most public libraries 

and can be purchased from the 

Superintendent of Documents 

(See “Other Sources of 

Information” on page 18

for ordering instructions). 

In addition, each agency 

publishes FOIA regulations 

in the Code of Federal 

Regulations (CFR) that 

contain the mailing 

addresses of its FOIA 

offices. (For example, the 

Department of Justice’s 

FOIA regulations can be 

found in Volume 28 of 

the CFR, Part 16.) The 

CFR is available at most public 

libraries and on the internet 

at www.gpoaccess.gov/cfr/.

FOIA.Gov also includes links to 

agencies’ FOIA websites, where 

you will find each agency’s FOIA 

regulations. To access FOIA.Gov’s

list of federal agencies, visit 

www.foia.gov (click on the “Learn” 

tab, then click on “Where to Make 

a FOIA Request”). 

How do I request 

information under the 

FOIA?

After you determine the agency 

most likely to have the records 

you seek, you can make a FOIA 

request by simply writing a 

letter (see “Sample Freedom of 

Information Act Request Letter” on 

page 6) or, in many instances, 

sending an email or using a webbased request form sent to the 

appropriate agency. An agency’s 

FOIA website and regulations will 

provide information about how to 

make a request to that particular 

agency. Every agency is different, 

so you should verify if the agency 

accepts requests by email, fax or 

other electronic means. If you 

write a letter, mark both your 

letter and the envelope “Freedom 

of Information Act Request” for 

the quickest possible handling of 

your request. 

Regardless of the way you send 

the request, your request should 

identify the records that you seek 

as specifically as possible in order 

to increase the likelihood that 

the agency will be able to locate 

them. Any facts that you can 

furnish about the time, place, 

authors, events, subjects, and 

other details of the records will be 

helpful to the agency in deciding 

where to search for the records 

that you seek. 

As a general rule, FOIA requesters 

are not required to state the 

reasons why they are making 

their requests. You can do so if 

you think it might help the agency 

to locate the records. 

Can I request records in a 

specific format?

Yes, but the records may not be 

available in the requested format. 

If you request records that already 

exist in an electronic format, the 

FOIA requires agencies in almost 

all cases to provide these records 

to you in that same format, if 

that is what you prefer. However, 

if you request records that exist 

only in paper form, and you would 

like them in an electronic format, 

the agency is obligated to provide 

the records in that electronic 

format only if it can do so with a 

reasonable amount of effort. The 

same is true if you request that 

electronic records be provided to 

you in an electronic format that is 

not readily reproducible.

What is the cost for 

getting records under the 

FOIA?

The FOIA permits agencies to 

charge fees to FOIA requesters. 

For noncommercial requesters, 

an agency can charge only for 

the actual cost of searching for 

records and the cost of making 

copies. Search fees usually range 

from about $15 to $40 per hour, 

depending upon the salary levels 

of the personnel needed for the 

search, although such fees may 

vary considerably by agency. The 

charge for copying documents 

can be as little as five cents or 

less per page at some agencies, 

but may be considerably more at 

other agencies.

For noncommercial requests, 

agencies will not charge for the 

first two hours of search time 

or for the first 100 pages of 

document copying. Agencies also 

will not charge if the total cost is 

minimal. 

An agency should notify you 

before proceeding with a request 

that will involve substantial fees, 

4 5
Sample Freedom of Information Act Request Letter

A sample FOIA request letter is shown below. Keep 

a copy of your request. You may need to refer to it 

in further correspondence with the agency. 

Date

Agency FOIA Officer

Name of agency or agency component

Address (see discussion on page 

3 on whom to contact)

Dear __________________:

Under the Freedom of Information Act, 5 U.S.C. 

subsection 552, I am requesting access to [identify 

the records as clearly and specifically as possible].

If there are any fees for searching for or copying 

the records, please let me know before you work 

on my request. [Or, please supply the records 

without informing me of the cost if the fees do not 

exceed $_____________ which I agree to pay.]

If you deny all or any part of this request, please 

cite each specific exemption you think justifies 

your refusal to release the information and notify 

me of appeal procedures available under the law.

Optional: If you have any questions about handling 

this request, you can telephone me at _________

(home phone) or at _____________(office phone).

Sincerely,

Name 

Address

unless your request letter already 

states your willingness to pay fees 

as large as that amount. If fees are 

charged, you can request a waiver 

of those fees if you can show that 

the records, when disclosed to 

you, will contribute significantly 

to the public’s understanding of 

the operations or activities of the 

government.

How long will it take to 

answer my request?

Under the FOIA, federal agencies 

are generally required to respond 

to your request within twenty 

working days of receipt (excluding 

Saturdays, Sundays, and federal 

holidays). If you have not received 

a response by the end of that 

time (allowing for mailing time), 

you can contact the agency to ask 

about the status of your request. 

Agencies often need more time 

to find the records, examine 

them, possibly consult with 

other agencies or components 

within the same agency, decide 

whether to disclose all of the 

information requested, and 

prepare the records for release 

to you. Agencies can extend this 

twenty-day period for up to ten 

more working days, with written 

notice to you. Some agencies, 

particularly law enforcement 

agencies, receive large numbers 

of requests, many of which involve 

voluminous records or require 

exceptional care to process. If an 

agency has a backlog of requests 

that were received before yours 

and has assigned a reasonable 

portion of its staff to work on the 

backlog, it is permissible for the 

agency to handle requests on 

a first-come, first-served basis 

even if the agency is unable to 

respond to all requests within the 

statutory time period. However, 

the FOIA does allow an agency to 

set up processing categories so 

that simple requests do not have 

to wait to be handled because a 

more complicated request was 

received by the agency first.

Is there any way for me 

to speed up the response 

time?

By making a simple request, 

meaning a request for a small 

volume of information, the agency 

will typically be able to process 

it more quickly. If an agency is 

unable to respond to your request 

in time, it may ask you to modify 

your request so that you can 

receive a response more quickly. 

Generally, it takes agencies less 

time to process simple requests 

involving a small number of 

records. Complex requests 

involving a greater number of 

records can take considerably 

more time to process. Therefore, 

you and an agency FOIA Officer 

or FOIA Public Liaison may want 

to discuss narrowing the scope 

6 7
The Freedom of Information Act

If the agency locates records in 

response to your request, it will 

review them to see whether any 

portions are exempt from disclosure 

under the FOIA’s nine exemptions.

of your request to speed up the 

response time or to agree on an 

alternative time frame for record 

processing.

Under certain conditions you may 

be entitled to have your request 

processed on an expedited basis. 

There are two 

specific situations 

where a request will 

be expedited, which 

means that it is 

handled as soon as 

practicable. These 

two situations apply 

to every agency. 

First, a request will 

be expedited if the 

lack of expedited 

treatment could 

reasonably be 

expected to pose a 

threat to someone’s 

life or physical 

safety. Second, if an individual will 

suffer the loss of substantial due 

process rights, his or her request 

will be expedited. A request will 

not normally be expedited merely 

because the requester is facing 

a court deadline in a judicial 

proceeding. However, an agency 

can allow expedited processing 

for other situations, depending 

on the regulations of that agency. 

The websites for each agency, 

which are accessible on FOIA.Gov, 

will provide more information 

on specific rules and regulations 

regarding expedited processing. 

Additionally, as noted above, each 

agency must provide a telephone 

number or website that you can 

use to obtain information about 

the status of your pending FOIA 

request. Further, if you wish to 

raise a concern about the service 

provided to you by an agency’s 

FOIA office, you can contact 

a supervisory agency official 

known as a “FOIA Public Liaison.” 

Contact information for each 

agency’s FOIA office(s) and FOIA 

Public Liaison(s) are posted on 

each agency’s FOIA website and 

are also on FOIA.Gov.

What happens if the 

agency denies my

request?

If the agency locates records 

subject to the FOIA in response 

to your request, it will review 

them to see whether any portions 

are exempt from disclosure under 

the FOIA’s nine exemptions. For 

records that contain portions 

of information that is withheld, 

the agency will generally clearly 

mark those portions with the 

applicable FOIA exemption(s). 

Sometimes an agency will not 

locate any records in response 

to your request. In those cases, 

the agency will inform you 

that it could not locate records 

responsive to your request. If 

an agency denies your request, 

in whole or in part, it ordinarily 

must provide an estimate of the 

amount of material withheld, 

state the reason(s) for the denial, 

and inform you of your right to file 

an administrative appeal.

How do I appeal a denial?

You can file an administrative 

appeal if you are not satisfied 

with an agency’s initial response 

to your request. Typically, all 

you need to do is send a letter 

to the agency stating that you 

are appealing the initial decision 

made on your request. There is 

no fee or cost involved. After an 

independent review, the appellate 

authority will send you a letter 

advising you of its decision. 

Most agencies require that 

appeals be made within thirty to 

sixty days after the denial. The 

denial letter should tell you the 

office to which your appeal letter 

should be addressed. For the 

quickest possible handling, you 

should mark both your appeal 

letter and the envelope “Freedom 

of Information Act Appeal.” 

Your appeal letter should include 

any tracking number the agency 

may have assigned to your 

request. It can save time in acting 

on your appeal if you include 

copies of your FOIA request and 

the agency’s denial letter. You do 

not need to enclose copies of any 

documents released to you. 

What can I do if my 

appeal is denied?

Once the administrative appeal 

process is complete, you have the 

option to seek mediation services 

from the Office of Government 

Information Services at the 

National Archives and Records 

Administration (www.archives.

gov/ogis). The FOIA also provides 

requesters with the right to file a 

lawsuit. 

8 9
The Privacy Act

There are records on every 

individual who has ever paid 

income taxes or received a check 

from Social Security or Medicare.

What is the Privacy Act?

The federal government 

compiles a wide range of 

information on individuals. 

For example, if you were ever 

in the military or employed by a 

federal agency, there should be 

records of your service. If you 

have ever applied for a federal 

benefit or received a student loan 

guaranteed by the government, 

you are probably the subject of 

a file. There are records on every 

individual who has ever paid 

income taxes or received a check 

from Social Security or Medicare.

The Privacy Act, passed by 

Congress in 1974, establishes 

certain controls over what 

personal information is collected 

by the federal government and 

how it is used. This law guarantees 

three primary rights:

1. the right to see records 

about oneself, subject to the 

Privacy Act’s exemptions;

2. the right to amend a 

nonexempt record if it 

is inaccurate, irrelevant, 

untimely, or incomplete; and

3. the right to sue the 

government for violations of 

the statute, such as permitting 

unauthorized individuals 

to read your records.

The Privacy Act also provides for 

certain limitations on 

agency information 

practices, such 

as requiring that 

information about 

an individual be 

collected from 

that individual 

to the greatest 

extent practicable; 

requiring agencies 

to ensure that their 

records are accurate, 

relevant, timely, 

and complete; and 

prohibiting agencies 

from maintaining 

i n f o r m a t i o n 

describing how an individual 

exercises his or her First 

Amendment rights unless the 

individual consents to it, a statute 

permits it, or it is within the scope 

of an authorized law enforcement 

investigation.

What information can I 

request under the Privacy 

Act?

The Privacy Act applies only 

to records about individuals 

maintained by agencies in the 

executive branch of the federal 

government. It applies to 

these records only if they are 

in a “system of records,” which 

means they are retrieved by an 

individual’s name, Social Security 

number, or some other personal 

identifier. In other words, the 

Privacy Act does not apply to 

information about individuals in 

records that are filed under other 

subjects, such as organizations 

or events, unless the agency 

also indexes and retrieves them 

by individual names or other 

personal identifiers.

There are ten exemptions to the 

Privacy Act under which an agency 

can withhold certain kinds of 

information from you. Examples 

of exempt records are those 

containing classified information 

on national security and those 

concerning criminal investigations. 

Another exemption often used by 

agencies is that which protects 

information that would identify a 

confidential source. For example, 

if an investigator questions a 

person about your qualifications 

for federal employment and that 

person agrees to answer only 

if his identity is protected, then 

his name or any information 

that would identify him can be 

withheld. The ten exemptions are 

set out in the law.

10 11
The Privacy Act

Agencies are generally 

required to inform you, 

upon request, whether 

or not they have files on 

you.

If you are interested in more 

details, you should read the 

Privacy Act in its entirety. Though 

this law is too lengthy to publish as 

part of this brochure, it is readily 

available. It is printed in the U.S. 

Code (Section 552a of Title 5), 

which can be found in many public 

and school libraries. You can also 

order a copy of the Privacy Act of 

1974, Public Law 93-579, from 

the Superintendent of Documents 

(ordering instructions are on 

page 20). Also, the full text of 

the Privacy Act is available on the 

Department of Justice’s website 

at www.justice.gov/opcl (click on 

“Privacy Act of 1974,” then select 

the link “Privacy Act of 1974, 5. 

U.S.C. § 552a”).

Whom do I contact in the 

federal government with 

my request? How do I get 

the right address?

As with the FOIA, 

no one office 

handles all Privacy 

Act requests. To 

locate the proper 

agency to handle 

your request, follow 

the same guidelines 

as for the Freedom 

of Information Act.

How do I know 

if an agency 

has a file on 

me?

If you think a particular agency 

has a file pertaining to you, 

you can write to the Privacy Act 

Officer. Agencies are generally 

required to inform you, upon 

request, whether or not they have 

files on you. In addition, agencies 

are required to report publicly 

the existence of all systems of 

records they keep on individuals. 

The Office of the Federal Register 

makes available on the internet 

a compilation of each agency’s 

systems of records notices, 

including exemptions, as well as 

its Privacy Act regulations. The 

Privacy Act Issuances Compilation 

includes most systems, is updated 

every two years, and can be 

Sample Privacy Act Request Letter

Date

Agency FOIA/Privacy Act Officer

Name of agency or agency component 

Address (See discussion on 

pages 3-4 on whom to contact)

Re: Privacy Act Request

Dear __________________:

Under the Freedom of Information Act, 5 U.S.C. 

subsection 552, and the Privacy Act, 5 U.S.C. 

subsection 552a, I am requesting access to [identify 

the records as clearly and specifically as possible].

If there are any fees for searching for or copying 

the records, please let me know before you work 

on my request. [Or, please supply the records 

without informing me of the cost if the fees do not 

exceed $______________ which I agree to pay.]

If you deny all or any part of this request, please 

cite each specific exemption you think justifies 

your refusal to release the information and notify 

me of appeal procedures available under the law.

Optional: If you have any questions about 

handling this request, you can telephone 

me at ______________(home phone) or 

at ______________ (office phone).

Sincerely,

Name 

Address

Enclosure (proof of identity)

12
The Privacy Act

found at www.gpoaccess.gov/

privacyact/index.html.

How do I request 

information under the 

Privacy Act?

Write a letter to the agency 

that you believe may have a file 

pertaining to you. Address your 

request to the agency’s Privacy 

Act Officer. Be sure to write 

“Privacy Act Request” clearly on 

both the letter and the envelope.

Most agencies require some proof 

of identity before they will give 

you your records. Therefore, it is 

a good idea to enclose proof of 

identity (such as a copy of your 

driver’s license) with your full name 

and address. Do not send any 

original documents. Remember to 

sign your request for information, 

since your signature is a form of 

identification. If an agency needs 

more proof of identity before 

releasing your files, it will let you 

know.

Give as much information as 

possible as to why you believe 

the agency has records about 

you. The agency should process 

your request or contact you for 

additional information.

A “Sample Privacy Act Request 

Letter” is available on the previous 

page. Keep a copy of your 

request. You may need to refer to 

it in further correspondence with 

the agency.

What is the cost for 

getting records under the 

Privacy Act?

Under the Privacy Act, an agency 

can charge only for the cost of 

copying records, not for time 

spent locating them.

How long will it take to 

answer my request?

Under the terms of the Privacy 

Act, the agency is not required to 

reply to a request within a given 

period of time. However, most 

agencies have adopted the FOIA 

response times. If you do not 

receive any response within four 

weeks or so, you might wish to 

write again, enclosing a copy of 

your original request.

What if I find that a 

federal agency has 

incorrect information 

about me in its files?

The Privacy Act requires agencies 

maintaining personal information 

about individuals to keep accurate, 

relevant, timely, and complete 

files. If, after seeing your file, you 

believe that it contains incorrect 

information and should be 

amended, write to 

the agency official 

who released the 

record to you. 

Include all pertinent 

documentation for 

each change you 

are requesting. The 

agency will let you 

know if further proof 

is needed. The law 

requires an agency 

to notify you of the 

receipt of such an 

amendment request 

within 10 working 

days of receipt. 

If your request 

for amendment is 

granted, the agency 

will tell you precisely what will be 

done to amend the record. You 

can appeal any denial.

Even if an agency denies your 

appeal, you have the right to 

submit a statement explaining 

why you think the record is wrong 

and the agency must attach your 

statement to any nonexempt 

records involved. The agency 

must also inform you of your right 

to go to court and have a judge 

review the denial of your appeal.

What can I do if I am 

denied information 

requested under the 

Privacy Act?

There is no required procedure 

for Privacy Act appeals, but an 

agency should advise you of 

its own appeal procedure when 

it makes a denial. Should the 

agency deny your appeal, you can 

take the matter to court. 

14 15
A Comparison of the Freedom of 

Information Act and the Privacy Act

Both the FOIA and the 

Privacy Act give you the 

right to request access 

to records held by 

agencies of the federal 

government.

What is the relationship 

between the FOIA and the 

Privacy Act?

Although the two laws 

were enacted for different 

purposes, there is some 

similarity in their provisions. Both 

the FOIA and the Privacy Act give 

you the right to request access to 

records held by agencies of the 

federal government. The FOIA’s 

access rights are generally given to 

“any person,” but the Privacy Act’s 

access rights are given only to the 

individual who is the subject of the 

records sought (if that individual is 

a U.S. citizen or a lawfully admitted 

permanent resident alien).

The FOIA applies to all federal 

agency records. The Privacy 

Act, however, only applies to 

those federal agency records 

that contain information about 

individuals, are maintained in a 

“system of records,” and which 

are retrievable by 

a name or personal 

identifier of the 

individual. Each law 

has a somewhat 

different set of fees, 

time limits, and 

exemptions from its 

right of access.

If the information 

you seek pertains 

to the activities of 

a federal agency, 

an organization, or 

some person other 

than yourself, you 

should make your 

request under the FOIA, which 

covers all agency records. If 

you request records relating to 

another person, and release of the 

records could invade that person’s 

privacy, they ordinarily will not be 

disclosed to you.

If the information you seek is 

about yourself, you should also 

make the request under the 

Privacy Act, which covers most 

records of federal agencies that 

pertain to individuals. Sometimes 

you can use the FOIA to obtain 

records about yourself that are 

not in a Privacy Act “system of 

records.” If you are in doubt about 

which law applies or would better 

suit your needs, you can refer to 

both in your request letter. If you 

request records about yourself and 

do not specify a statute, the agency 

will, as a matter of policy, process 

the request under both the FOIA 

and the Privacy Act and withhold 

requested information from you 

only if it is exempt under both laws.

16 17
Other Sources of Information

FOIA.Gov

FOIA.Gov (www.foia.gov) is 

the primary source of FOIArelated information for the 

public. This website, created by 

the Department of Justice provides 

educational resources about the 

FOIA, significant FOIA releases, 

and access to details about all 

the agencies’ administration of 

the FOIA. FOIA.Gov also includes 

information about making a 

FOIA request, including agency 

contact information. The website 

contains a glossary of FOIA terms, 

frequently asked questions and 

answers connected with the FOIA, 

and educational videos.

Federal Citizen 

Information Center

The General Services 

Administration’s Office of 

Citizen Services and Innovative 

Technologies—the nation’s focal 

point for data, information and 

services offered by the federal 

government to citizens—manages 

the Federal Citizen Information 

Center’s National Contact 

Center. The NCC helps connect 

people with information about 

federal agencies, services, and 

programs. You can ask them for 

assistance in locating the FOIA 

office in any federal agency. 

Call toll-free 1-800-FED-INFO 

(1-800-333-4636) from 

anywhere in the United States, 

Monday through Friday, 8 a.m. 

to 8 p.m. Eastern time. Recorded 

information on frequently 

requested subjects is available 

around the clock. You can also 

search USA.gov—the official web 

portal of the federal government—

to locate FOIA offices for specific 

federal agencies, email a question 

using USA.gov’s web form or 

chat live online with a federal 

information specialist. 

In addition, FCIC (www.gsa.gov/

FCIC) publishes the free Consumer 

Information Catalog, which lists 

approximately 200 free and lowcost federal booklets on a wide 

variety of consumer topics. For a 

free printed copy of the Catalog, 

write to Consumer Information 

Catalog, Pueblo, CO 81009. 

The Catalog is also available 

online through FCIC’s website at 

Publications.USA.gov, as is a text 

version of this publication (click 

on “Federal Programs,” and scroll 

down to this publication’s title). 

U.S. Government Manual

The U.S. Government Manual

is the official handbook of the 

federal government. Published by 

the National Archives and Records 

Administration, it describes the 

programs in each federal agency, 

lists the names of top personnel, 

the mailing address, and a general 

information telephone number. 

You can access the Manual online 

at www.gpoaccess.gov/gmanual.

It is available in most public 

libraries or can be purchased from 

the U.S. Government Printing 

Office (GPO). For pricing and 

ordering information, call toll-free 

1-866-512-1800 (202-512-1800 

in the Washington, D.C. area) or 

visit the online U.S. Government 

Bookstore at bookstore.gpo.gov/. 

The text version is available on the 

U.S. Government Printing Office’s 

website at www.gpoaccess.gov/

gmanual.

A Citizen’s Guide on 

Using the Freedom of 

Information Act and the 

Privacy Act of 1974 to 

Request Government 

Records

This booklet, written by the 

Committee on Government 

Reform, U.S. House of 

Representatives, provides a much 

more detailed explanation of the 

Freedom of Information Act and 

the Privacy Act than this brochure. 

You can purchase this booklet 

from GPO by calling toll-free 1 

(866) 512-1800 (202-512-1800 

in the Washington, D.C. area). 

This document is also available 

online at www.fas.org/sgp/foia/

citizen.html. 

The Freedom of 

Information Act

A copy of the FOIA is available 

electronically on the Department 

of Justice’s website at www.

justice.gov/oip (click on “FOIA 

Resources,” and then click 

on “Text of the FOIA”). You 

can order a copy of the FOIA 

from GPO by calling toll-free 

1 (866) 512-1800 (202-512-1800 

in the Washington, D.C. area). 

A complete copy of the FOIA 

can also be found at Section 

552 of Title 5 of the U.S. Code, 

available at www.gpoaccess.gov 

(click on “United States Code” 

under “GPO Access Resources by 

Branch”). 

Freedom of Information 

Act Guide

The United States Department 

of Justice Guide to the 

Freedom of Information Act is 

a comprehensive legal treatise 

of the FOIA’s procedural 

requirements, exemptions, 

and litigation considerations. It 

contains a detailed analysis of the 

key judicial opinions issued on 

the FOIA. The Guide is prepared 

and updated by the staff of the 

Department of Justice’s Office 

of Information Policy. This 

publication is available online 

at the Department of Justice’s 

18 19
Other Sources of Information

website at www.justice.gov/foia

(click on “ FOIA OIP Guidance,” 

click on “DOJ Guide to the FOIA”). 

You can also purchase this book 

from the Government Printing 

Office at bookstore.gpo.gov or 

by calling 1-866-512-1800 (202-

512-1800 in the Washington, D.C. 

area). 

FOIA Post

The Department of Justice’s 

Office of Information Policy (OIP) 

posts a wide variety of news and 

guidance related to the FOIA on 

its website. FOIA Post is now the 

Department’s blog which provides 

agencies and the public with 

information concerning the FOIA 

and its proper interpretation. 

When OIP issues guidance on the 

FOIA, it alerts agencies thru FOIA 

Post. Training announcements 

and guidelines for submitting 

annual reports and Chief FOIA 

Officer Reports are all conveyed 

on FOIA Post. FOIA Post can be 

found on the home page of OIP’s 

website,www.justice.gov/oip. 

FOIA Court Decisions

The Department of Justice’s 

Office of Information Policy posts 

summaries each month of litigation 

cases decided under the FOIA. 

The monthly case summaries are 

organized both chronologically, 

beginning in December 2009, and 

by topic. These case summaries 

can be found on the Department 

of Justice’s website at www.

justice.gov/oip (click on “FOIA 

Resources,” then click on “Court 

Decisions”).

FOIA Reference Guides or 

Handbooks

Each federal department or 

agency is required to maintain a 

reference guide or handbook to 

assist the public in making FOIA 

requests to that agency. Included 

is contact information for each 

agency’s FOIA office(s) and FOIA 

Public Liaison(s). These reference 

guides for FOIA requesters 

are available on each agency’s 

FOIA website. For example, the 

Department of Justice’s FOIA 

Reference Guide is available at 

www.justice.gov/oip. All agency 

FOIA websites are also available 

on FOIA.Gov.

The Privacy Act of 1974

A copy of the Privacy Act is 

available electronically on the 

Department of Justice’s website 

at www.justice.gov/opcl (click 

on “Privacy Act of 1974,” then 

select the link “Privacy Act of 

1974, 5 U.S.C. § 552a”). You can 

order a copy of the Privacy Act, 

Public Law 93-579, from GPO by 

calling toll-free 1 (866) 512-1800 

(202-512-1800 in the Washington, 

D.C. area).

Overview of the Privacy 

Act of 1974

The Overview of the Privacy 

Act of 1974 is prepared by the 

Department of Justice’s Office 

of Privacy and Civil Liberties in 

coordination with the Office of 

Management and Budget, and 

is a discussion of the provisions 

of the Privacy Act. This book 

also contains the text of the 

Privacy Act. It can be viewed 

on the Department of Justice’s 

website at www.justice.gov/

opcl/privacyact1974.htm (click 

on “Overview of the Privacy Act 

of 1974.”)

20 21
July 2011

A joint publication of:

U.S. Department of Justice

Washington, DC 20530

www.justice.gov

Executive Office of the President

Office of Management and Budget

Washington, DC 20503

www.whitehouse.gov/omb

U.S. General Services Administration

Office of Citizen Services & 

Innovative Technologies 

Federal Citizen Information Center

Washington, DC 20417

www.gsa.gov/FCIC

Publications.USA.gov