Question: What Happens If A FOIA Request Is Ignored?

What is the difference between freedom of information and subject access request?

It gives you the legal right to access information held about you (by making a Subject Access Request) and, in some cases, to prevent your personal information being seen, used or processed by other people.

FOI does not provide access to information which cannot be accessed under the Data Protection Law..

How do I check my FOIA status?

Simply enter your request number and click the “Check Status” button. DHS Requests Response Time for Processed and Pending Requests – Average No. of Days Simple is 21.24 Days and Complex is 111.59 Days. For component specific response times, please refer to the latest FOIA annual report.

How long does it take the DOJ to respond to an opinion request?

30 daysThe Department must do so within 30 days of receipt of the opinion request, or, in the case of an incomplete response to a previous request for additional information, within 30 days of receipt of such response. Each issuer or domestic concern requesting an FCPA Opinion must promptly provide the information requested.

Are email addresses public information?

If an email is made or received in connection with the transaction of public business, it is a public record regardless of whether it is created or stored on a public or a private computer, mobile device, or email system.

What is the purpose of FOIA?

What is the purpose of FOIA? The FOIA gives a person the right to request access to Federal records. However, some records may be protected from release pursuant to one of the nine FOIA exemptions.

Who is subject to a FOIA request?

Section 552. “Any person” can file a FOIA request, including U.S. citizens, foreign nationals, organizations, associations, and universities. In 1974, after the Watergate scandal, the Act was amended to force greater agency compliance. It was also amended in 1996 to allow for greater access to electronic information.

How long do you have to respond to a public records request?

6. QUESTION: How long will it take to get a response to a Public Records Request? ANSWER: Under the Public Records Act Request the CPUC has 10 days in which to respond in writing to your request.

Are police reports subject to FOIA?

Under the federal Freedom of Information Act and public records laws in all 50 states, anyone can request information from federal, state and local agencies like the FBI, the Environmental Protection Agency or your local police department.

How long does a state agency have to respond to California Public Records Act request?

10 daysWhat is the time frame for responding to a request for public records? The City must respond to a CPRA request no later than 10 days from the date of receipt of the request. stamped with the date of receipt.

What is subject to FOIA?

FOIA applies to most “agencies” within the executive branch of the federal government. … whether the structure and operation of an entity is subject to considerable federal control; whether the authority performs a governmental or decision making function; whether the authority controls public interested information.

What information is exempt from a FOIA request?

Exemption 1: Information that is classified to protect national security. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law.

Can you FOIA yourself?

In the United States, you can request government information about yourself using both the Freedom of Information Act (FOIA) and the Privacy Act. You will need to type up a request or use a form if the government agency has one.

How many years does Uscis keep records?

100 yearsUSCIS controls the subject’s A-File for 100 years from the date of birth, and then transfers the files to NARA for permanent retention. NFTS continues to store the file location information even after a file is retired for accurate records keeping purposes.

Does FOIA apply to local governments?

The FOIA does not apply to the 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.

Does Uscis check your phone records?

Keep in mind that you are generally expected to consent to search and security screening while entering a federal government office including USCIS. You may be within your right to refuse search of your phone, in which case, you could be asked to leave the office and your interview adjourned/cancelled.

Are FOIA requests confidential?

Freedom of Information Act (FOIA) requests are not confidential. … If the request contains personally identifying information or the request is deemed “sensitive,” we may redact information under FOIA Exemption 6 (personal privacy).

How long do I have to respond to a FOIA request?

You normally have 20 working days to respond to a request. For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff.

What can you get with a FOIA request?

FOIA covers records from all federal regulatory agencies, cabinet and military departments, offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government. 5 U.S.C. § 552(f).

Are emails subject to FOIA?

The FOIA does not exempt those using private computers from the requirements of the Freedom of Information Act. If an e-mail meets the definition of “public record,” then it may be subject to the FOIA regardless of the location where the e-mail originated. … In addition, e-mails should be routinely removed and filed.

How do you write a good FOIA request?

FOIA Tip No. 9: Writing a Good FOIA Request Part IIBe clear and specific. … Make sure your request is reasonable in scope. … Provide a date range for records or a date of the event you are researching. … Provide accurate titles and full names, and include any news stories discussing the subject of your request. … Keep your request brief.More items…•