How to file FOIA / PRR in the US
Tags: osint, foia, government, data
Published: 2023-05-08 15:11:51

---
title: How to file FOIA / PRR in the US
published: true
description: "The role of this document is to show the reader how to investigate an institution's Public Records Request process, and how to execute a novel request for information."

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# published_at: 2022-11-09 15:09 +0000

tags: osint, foia, government, data
canonical_url: https://github.com/mashiox/dotfiles/blob/master/osint/foia-prr.md
---

Freedom Of Information Act (FOIA) and Public Records Requests (PR/PRR) are the workflows by which Public and Government agencies in the United States releases information to the public and press. The role of this document is to show the reader how to investigate an institution's PRR process, and how to execute a novel request for information. 

## Government Systems of Records

Systems of Records are the artifacts created by technical systems or personnel operations ran by a Government agency.
Typically, lists of systems of records are published by agencies.

Examples:

- https://www.justice.gov/opcl/doj-systems-records
- https://www.gsa.gov/reference/gsa-privacy-program/systems-of-records-privacy-act
- https://home.treasury.gov/footer/privacy-act/system-of-records-notices-sorns

## Discovering the FOIA/PRR Workflow

State of Massachusetts example

- General guidance https://www.mass.gov/info-details/massachusetts-law-about-freedom-of-information-and-public-records
- Secretary of State (SoS) guidance https://www.sec.state.ma.us/divisions/public-records/public-records-law/public-records-request.htm
- A-Z State Organizations https://www.mass.gov/info-details/massachusetts-state-organizations-a-to-z
- Fee Schedule https://www.mass.gov/files/2017-06/Public%20Records%20Law.pdf
  - FAQ: "What is the cost for copies of public records; what about electronic records?"

Email Draft using SoS template

> Commission@CCCMass.Com
> Records@cccmass.com
> 
> Re: Massachusetts Public Records Request
> 
> Dear Cannabis Control Commission:
> 
> This is a request under the Massachusetts Public Records Law (M. G. L. Chapter 66, Section 10). I am requesting that I be provided a copy of the following records:
> 
> - All responses and bid records related to Bid Solicitation ABC-123
> - All responses and bid records related to Bid Solicitation XYZ-987
> - All Commission emails and any correspondence containing any of the following terms:
>   - "foo"
>   - "bar"
>   - "baz"
> 
> I recognize that you may charge reasonable costs for copies, as well as for personnel time needed to comply with this request.
> 
> The Public Records Law requires you to provide me with a written response within 10 business days. If you cannot comply with my request, you are statutorily required to provide an explanation in writing.
> 
> Sincerely,

## Making a FOIA/PR Request

### 1. Email draft

Some governments provide their own template for initiating the PRR process. This is helpful to us because it helps the responding agents understand our request easily. If guidance is not available, other resources like the [SPLC Letter generator](https://splc.org/lettergenerator/) or AI tools can help us create an initial draft.

### 2. Discover the contacts you should be communicating with

Some governments and agencies provide a specific email for handling PRR workflows. This contact information can be found in several places like contact pages on agency websites, on higher-order governing agencies' directories, and agency contact directories.

### 3. Be follow-up ready

Agencies often have a minimum timeframe to respond to any given request. Staffing issues can make these windows harder for agencies to make consistently.
It is advantageous to include these timeframes in your request, and reference supporting statute, code, or law.

Non-statute example:
> Please reply within the time allowed by law with the estimated timeframe in which this information can be released.

There can be many reasons why a request is denied, even if information held by a public actor. One common factor that would make a responding agent to lean toward denying a request is a high upfront charge the agency would be required to leverage in order to recuperate labor costs.
When a request is denied, responding agents typically will give some reason. Complete requests can extract more value from these types of responces by asking for detailed denial reasoning, and information on appealing the denial in the original request.

Example:
> If this request is denied, please issue a formal denial letter within the timeframe allowed by law, the reason(s) this request has been denied, and the official appeals process

"Copying Charges" are sometimes the term referred to that agencies leverage to recuperate public labor expenses from requests that have a burdonsome process to put together. Many states have a program for private citizens to lower to eliminate the cost.

Example:
> If there are any exceptions that allow for free or reduced cost copies, please advise on the process for meeting these exceptions.

## Resources

- https://splc.org/lettergenerator/

## Reading

- https://www.justice.gov/opcl/privacy-act-1974
- https://www.justice.gov/oip/department-justice-freedom-information-act-reference-guide
- Copying Charges (WA) https://mrsc.org/explore-topics/legal/open-government/public-records-act/copying-charges-for-public-records