GSA Office of Citizen Services and Communications

Federal Citizen Information Center

Your Right To 

Federal Records

Questions and Answers 

on the Freedom of 

Information Act and the 

Privacy Act

November 2009

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

i

Introduction

The Freedom of Information Act (FOIA), 

enacted in 1966, generally provides that 

any person has the right to request access to federal agency records or information. 

Federal agencies are required to 

disclose records upon receiving 

a written request for them, except for those records that are 

protected from disclosure by any of 

the nine exemptions or 

three exclusions of the FOIA. This 

right of access is enforceable in court.

The FOIA also requires 

that certain information 

be made available to the public on agency FOIA web sites 

on the internet. Agencies 

also routinely post a wide variety of documents on their 

web sites to inform the public 

about the activities of that 

agency. The primary source 

of FOIA-related information 

on the internet is the Justice 

Department’s FOIA web site 

(www.usdoj.gov/foia), which 

contains a wealth of FOIA 

reference materials and links 
ii

to the FOIA web sites of other federal agencies.

The Privacy Act of 1974 

is another federal law 

regarding federal government records or information about individuals. The 

Privacy Act establishes certain controls over how executive branch agencies of the 

federal government gather, 

maintain, and disseminate 

personal information.

The Privacy Act can also 

be used to obtain access to 

information, but it pertains 

only to records that federal 

agencies maintain 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 the FOIA and 

the Privacy Act to assist people in exercising their 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 Justice 

Department— the agency 

responsible for coordinating the administration of the 

FOIA and encouraging agency compliance with it. The 

Office of Management and 

Budget (OMB), which has 

a similar responsibility for 

the Privacy Act, reviewed 

the answers to questions 

on that law.
1

The Freedom of Information Act

What information is 

available under the FOIA?

The Freedom of Information 

Act (FOIA) provides public 

access to all federal agency 

records except for those records 

(or portions of those records) that 

are protected from disclosure by 

any of nine exemptions or three 

exclusions (reasons for which an 

agency may withhold records from 

a requester).

The exemptions cover:

1. classified national defense and 

foreign relations information,

2. internal agency rules and 

practices,

3. information that is prohibited 

from disclosure by another law,

4. trade secrets and other confidential business information,

5. inter-agency or intra-agency 

communications that are protected by legal privileges,

6. information involving matters 

of 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 three exclusions, which are 

rarely used, pertain to especially 

sensitive law enforcement and national security matters.

The FOIA does not apply to Congress, the courts, or the central 

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 FOIA-type 

statutes. You may request details 

about a state’s records access law 

by writing to the office of the attorney general of that state.

The FOIA does not require a state 

or local government or a private organization or business to release 

any information directly to the public, whether it has been submitted 

to the federal government or not. 

However, information submitted to 

the federal government by such organizations or companies may be 

available through a FOIA request 

if it is not protected by a FOIA exemption, such as the one covering trade secrets and confidential 

business information.

Under the FOIA, you may request 

and generally receive by mail a 

copy of any record that is in an 

agency’s files that is not protected 
2

The Freedom of Information Act

from disclosure by one of the exemptions or exclusions. 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 could 

help you by providing copies of the 

recall documents. Perhaps you 

want to read the latest inspection 

report on conditions at a nursing 

home certified for Medicare. Your 

local Social Security office keeps 

such records on file. In each 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 may request them 

under both the FOIA and the Privacy Act of 1974 (see pages 10 - 15 

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 page 13 for a Sample Privacy Act Request Letter).

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 10 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 web site 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 

If the records you seek are 

about yourself, you may request 

them under both the FOIA and 

the Privacy Act of 1974.
3

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 very 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 web sites that 

is very 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 that were 

created by the agency after Nov. 1, 

1996. You can find links to the FOIA 

sites of federal agencies on the internet by going to the Justice Department’s web site at www.usdoj.

gov/foia (click on “Other Federal 

Agencies’ FOIA web sites”). 

Whom do I contact in the 

federal government with 

my request? How do I get 

the right address?

There is no single office of the federal government that handles all 

FOIA requests. Each FOIA request 

must be made to the particular 

agency that has the records that 

you seek. 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.

You may have to do a little research 

to find the proper agency office to 

handle your FOIA request, but you 

will save time in the long run if you 

send your request directly to the 

most appropriate office. For assistance, you can contact the Federal 

Citizen Information Center (FCIC)

of the U.S. General Services 
4

The Freedom of Information Act

Administration. The FCIC is specially prepared to help you find the 

right agency, office, and address. 

See page 18, “Other Sources of Information,” for information on how 

to contact the FCIC. On the internet, you can find addresses of the 

FOIA offices of federal agencies by 

going to the Justice Department’s 

FOIA web site at www.usdoj.gov/

foia (click on “Principal FOIA Contacts at Federal Agencies”).

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. The 

Manual is available at most 

public libraries and can be 

purchased from the Superintendent of Documents (See 

page 18, “Other Sources of 

Information,” 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 Justice Department’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/. Also, agencies have 

placed their FOIA regulations on 

their FOIA sites on the internet.

How do I request information under the FOIA?

In order to make a FOIA request, 

simply write a letter to the appropriate agency. For the quickest 

possible handling, mark both your 

letter and the envelope “Freedom 

of Information Act Request.” You 

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 

FOIA requesters are not 

required to state the reasons 

why they are making their 

requests. 
5

will be helpful to the agency in 

deciding where to search for the 

records that you seek. Please 

note that some agencies will allow 

you to make your request by fax, 

e-mail, or other electronic means. 

You should consult with the particular agency to which your request will be directed for further 

information. 

As a general rule, FOIA requesters 

are not required to state the reasons why they are making their requests. You may do so if you think 

it might help the agency to locate 

the records. If you are not sure 

whether the records you seek are 

exempt from disclosure, you may 

request them anyway. Agencies 

often have the legal discretion to 

disclose information even if it falls 

within a FOIA exemption.

May 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 in which they do 

not already exist.

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 may 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 ten 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 
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 may telephone me at _________

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

Sincerely,

Name 

Address

6
7

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, 

unless your request letter already 

states your willingness to pay fees 

as large as that amount. If fees are 

charged, you may 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 20 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 

may 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 may 

extend this 20-day period for up 

to 10 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?

If an agency is unable to respond 

to your request in time, it may ask 

you to modify your request so that 
8

The Freedom of Information Act

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 may 

want to discuss narrowing the 

scope of your request to speed up 

the response time or to agree on 

an alternative time frame for record processing.

Another means of obtaining a 

faster response is to ask the agency for “expedited processing” of 

your request. However, you should 

know that the agency will grant 

this request only under very specific circumstances. In order to 

qualify, you must certify that there 

is an imminent threat to the life or 

physical safety of an individual or, 

if you are a person primarily engaged in disseminating information to the public, you must demonstrate that there is an urgency 

to inform the public about certain 

federal government activity. An 

agency must decide whether to 

grant a request for expedited processing within 10 calendar days. 

Agencies may also establish other ways for requesters to obtain 

expedited processing. You should 

consult specific agency regulations for any additional expedited 

processing standards. 

Additionally, as noted above, 

each agency must now provide 

a telephone number or web site 

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 may 

contact a supervisory agency official known as a “FOIA Public 

Liaison.” Contact information for 

each agency’s FOIA office(s) and 

Public Liaison(s) are posted on 

each agency’s FOIA web site.

What happens if the agency 

denies my request?

If the agency locates records in 

response to your request, it can 

withhold them (or any portion of 

them) only if they are exempt from 

disclosure under the FOIA or are 

prohibited from release by some 

other law. For records that contain portions of information that 

is withheld, the agency should 

clearly mark those portions with 

the applicable FOIA exemption(s). 

If an agency denies your request, 
9

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 appeal 

to a higher decision-making level 

within the agency.

How do I appeal a denial?

In order to appeal a denial, 

promptly send a letter to the agency. Most agencies require that 

appeals be made within 30 to 60 

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.” 

Simply ask the agency to review 

your FOIA request and its denial 

decision. It is a good idea also 

to give your reason(s) for believing that the denial was wrong. Be 

sure to refer to any pertinent communications you have had with 

the agency on the request and 

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. Under 

the FOIA, the agency has 20 working days (excluding Saturdays, 

Sundays, and federal holidays) to 

decide your appeal. Under certain 

circumstances, agencies may extend the deadline for responding 

to your appeal by up to 10 working 

days. At some agencies, as with 

initial requests, some appeals may 

take longer to decide.

What can I do if my appeal 

is denied?

If the agency denies your appeal, or 

does not respond within the statutory time period, you may file a lawsuit. You can file a FOIA lawsuit in 

the U.S. District Court where you 

live, where you have your principal 

place of business, where the documents are kept, or in the District of 

Columbia. In court, the agency will 

have to prove that any withheld information is covered by one of the 

exemptions or exclusions listed in 

the FOIA or is prohibited from release by some other law. If you win 

a substantial portion of your case, 

the court may require the government to pay your court costs and 

reasonable attorney fees.
10

The Privacy Act

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 information 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 

There are records on every individual who has ever paid income 

taxes or received a check from 

Social Security or Medicare.
11

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 nine 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 iden-
12

The Privacy Act

tify him can be withheld. The nine 

exemptions are set out in the law.

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 may also order a copy 

of the Privacy Act of 1974, Public 

Law 93-579, from the Superintendent of Documents (ordering instructions are on page 21). Also, the 

full text of the Privacy Act is available on the Justice Department’s 

FOIA site on the internet. Go to the 

Justice Department’s web site at 

www.usdoj.gov/foia (click on “Reference Materials,” and scroll down 

to “Text of the Privacy Act”).

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 

may 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 

Agencies are generally required to 

inform you, upon request, whether 

or not they have files on you.
13

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 may telephone me at ______________

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

Sincerely,

Name 

Address

Enclosure (proof of identity)

13
14

The Privacy Act

Act regulations. The Privacy Act 

Issuances Compilation includes 

most systems, is updated every 

two years, and can be 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 allow 

you access to 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. Be advised that 

agencies have varying policies 

regarding the making of copies of 

records and the fees charged.

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.
15

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 may 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 may take the matter to court. If you win your case, 

you may be awarded court costs 

and attorney fees.

A sample request is shown on 

page 13. Keep a copy of your request. You may need to refer to it 

in further correspondence with 

the agency.
16

A Comparison of the Freedom of 

Information Act and the Privacy Act

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 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 may refer to both in 

your request letter. If you request 

records about yourself and do 

Both the FOIA and the Privacy Act 

give you the right to request access 

to records held by agencies of the 

federal government.
17

not specify a statute, the agency 

should 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.

Can I request information 

about other people?

Yes, but such information might 

be withheld from you to protect 

their personal privacy. The FOIA 

contains two very important provisions concerning personal privacy: Exemption 6 and Exemption 7(C). The FOIA’s Exemption 

6 permits an agency to withhold 

information about individuals if 

disclosing it would be “a clearly 

unwarranted invasion of personal 

privacy.” This includes, for example, almost all of the information 

in medical and financial benefit 

files and much of the information 

in personnel files. Exemption 7(C) 

provides even stronger privacy 

protection for personal information contained in law enforcement 

records. To decide whether to 

withhold information under these 

two FOIA privacy exemptions, an 

agency must balance personal 

privacy interests against any public interest that would be served 

by disclosure. Neither Exemption 

6 nor Exemption 7(C) can be used 

to deny you access to information 

about yourself, only to deny you 

information about other persons. 

Additionally, unless disclosure of 

information about other people is 

required under the FOIA, the Privacy Act will apply and may prevent disclosure of personally identifiable information contained in a 

system of records.
18

Other Sources of Information

Federal Citizen 

Information Center

The Federal Citizen Information Center (FCIC) of 

the U.S. General Services 

Administration administers a National Contact Center which can 

help you find information about 

the federal government’s agencies, services, and programs. You 

may ask the contact center for assistance in contacting the proper 

federal agency with your FOIA or 

Privacy Act request.

Simply call toll-free 1-800-FEDINFO (that’s 1-800-333-4636) from 

anywhere in the United States. 

The contact center is open for 

personal assistance from 8 a.m. 

to 8 p.m., Eastern time, Monday 

through Friday, except federal 

holidays. Recorded information 

on frequently requested subjects 

is available around the clock. The 

contact center also accepts e-mail 

inquiries. To send an e-mail, go to 

www.USA.gov and click on the email tab on top.

A text version of this publication 

is available on the FCIC’s web site 

at www.pueblo.gsa.gov and the 

Justice Department’s web site 

at www.usdoj.gov/foia (click on 

“Reference Materials,” and scroll 

down to this publication’s title).

In addition, the FCIC publishes the 

free Consumer Information Catalog, which lists more than 200 free 

and low-cost federal booklets on a 

wide variety of consumer topics. 

For a free copy of the Catalog, write 

to Consumer Information Catalog, 

Pueblo, CO 81009, or call toll-free 

1-888-8 PUEBLO (that’s 1-888-878-

3256). The Catalog is also available through FCIC’s web site at 

www.pueblo.gsa.gov.

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. 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 or visit the online U.S. 

Government Bookstore at http://
19

bookstore.gpo.gov. The text version is available on the U.S. Government Printing Office’s web site 

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 may purchase this booklet from GPO by 

calling toll-free 1 (866) 512-1800. 

This document is also available 

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

citizen.html. 

The Freedom of 

Information Act

A complete copy of the FOIA 

can be found at Section 552 of 

Title 5 of the U.S. Code, available 

at www.gpoaccess.gov (click on 

“United States Code”). 

A copy of the FOIA is also 

available electronically on the 

Justice Department’s web site at 

www.usdoj.gov/foia (click on “Reference Materials,” and then click 

on “Text of the FOIA”). Or you may 

order a copy of the FOIA from GPO 

by calling toll-free 1 (866) 512-1800. 

Department of Justice 

Guide to the Freedom of 

Information Act

The “Department of Justice Guide 

to the Freedom of Information 

Act” is updated approximately 

every two years by the Justice 

Department’s Office of Information Policy. This book is a comprehensive summary of the law 

that includes a discussion of the 

FOIA’s nine exemptions and three 

exclusions as well as its most important procedural aspects. A 

text version of this book is on the 

Justice Department’s web site at 

www.usdoj.gov/foia (click on “Reference Materials,” and scroll down 

to “Department of Justice Guide to 

the Freedom of Information Act”). 

You may also purchase this book 

from the Government Printing Office at http://bookstore.gpo.gov or 

by calling 1-866-512-1800. 
20

Other Sources of Information

FOIA Post

This web-based successor to 

“FOIA Update” has been published 

by the Justice Department’s Office 

of Information Policy since 2001. 

Items of FOIA-related information 

and guidance are published on a 

routine basis. It can be found on 

the Justice Department’s web site 

at www.usdoj.gov/foia (click on 

“Reference Materials,” and then 

scroll down to “FOIA Post”).

FOIA Update

This newsletter, published by the 

Justice Department’s Office of Information Policy from 1979-2000, 

contained FOIA-related information and guidance for federal agencies. All back issues are available 

and keyword searchable on the 

Justice Department’s web site at 

www.usdoj.gov/foia (click on “Reference Materials,” and then scroll 

down to “FOIA Update”).

Freedom of Information 

Case List

This book, last updated in 2002 by 

the Justice Department’s Office of 

Information Policy, contains lists of 

cases decided under the Freedom 

of Information Act, the Privacy 

Act, the Government in the Sunshine Act, and the Federal Advisory 

Committee Act. The book includes 

the texts of those four statutes and 

a list of related law review articles. 

For pricing and ordering information, call toll-free 1 (866) 512-1800. 

A text version is available on the 

Justice Department’s web site at 

www.usdoj.gov/foia (click on “Archive,” scroll down to “Office of 

Information Policy” and click on 

“Freedom of Information Case 

List”).

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 web site. For example, 

the Justice Department’s FOIA 

Reference Guide is available at 

www.usdoj.gov/oip. 
21

The Privacy Act of 1974

This law gives citizens the right to 

see files about themselves, subject to its exemptions; to request 

an amendment if a nonexempt 

record is inaccurate, irrelevant, 

untimely, or incomplete; and to 

sue the government for permitting others to see their files unless 

specifically permitted by the law. 

A complete copy of the Privacy 

Act can be found at Section 552a 

of Title 5 of the U.S. Code. Or you 

may order a copy of the Privacy 

Act, Public Law 93-579, from GPO 

by calling toll-free 1 (866) 512-1800. 

A text version is available on the 

Justice Department’s web site at 

www.usdoj.gov/foia (click on 

“Reference Materials,” and click 

on “Text of the Privacy Act”).

Overview of the Privacy 

Act of 1974

The “Overview of the Privacy Act 

of 1974” is prepared by the Justice 

Department’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 may be viewed on the 

Justice Department’s web site at 

www.usdoj.gov/opcl/privacyact1974.htm (click on “Overview of 

the Privacy Act of 1974.”)
November 2009

A joint publication of:

U.S. Department of Justice

Washington, DC 20530

Executive Office of the President

Office of Management and Budget

Washington, DC 20503

GSA Office of Citizen Services and Communications

Federal Citizen Information Center

U.S. General Services Administration

1800 F Street NW

Washington, DC 20405

www.pueblo.gsa.gov