A particularized interest can also be important when the agency is called upon to make a discretionary decision about whether to release records even though they are covered by an exemption. In deciding whether to release such records, the agency must balance the interest in disclosure against the interest of the person whose privacy would be protected. All government records must be made available unless they fall within one of the Act's nine specific, narrowly defined exemptions allowing agencies to withhold requested records. One of the basic principles under FOIA is that an exemption is merely an option to deny access, not a prohibition against release. Appeals must be acted upon within 20 working days.
Extensions are possible under special circumstances.
The requester can file suit if time limits are violated, treating delay as denial. The Act imposes obligations to disclose information. These obligations include the publication in the Federal Register of the agency's rules and regulations, statements of procedure and a description of its organization. Typically, an agency's FOIA regulations will prescribe the person, office or place to which a request should be made. Search and duplicating fees authorized by the Act must also be published.