What Is the Freedom of Information Act?
The federal Freedom of Information Act (FOIA), enacted in 1966, gives any person the right to request access to records held by federal executive branch agencies. It is a cornerstone of government transparency and has been amended several times to strengthen public access rights and modernize the process for the digital age.
However, FOIA only covers federal agencies. If you want records from a state agency, county office, city hall, or local court, you'll need to rely on your state's own open records law.
State Open Records Laws: A Patchwork of Protections
Every U.S. state has its own open records statute — often called a "Sunshine Law," "Public Records Act," or "Open Records Act." While they share the same democratic spirit as FOIA, they vary considerably in:
- Who can request records — some states limit requests to residents or citizens
- Response deadlines — ranging from 3 business days to 30 days or more
- Fees and fee waivers — some states cap fees; others allow agencies broad discretion
- Exemptions — what types of records are shielded from disclosure
- Appeal processes — some states have an ombudsman or review board; others require litigation
Side-by-Side Comparison
| Feature | Federal FOIA | Typical State Law |
|---|---|---|
| Governing Body | Federal executive agencies | State, county, and local agencies |
| Who Can Request | Any person (including non-citizens) | Varies; often any person |
| Initial Response Time | 20 business days | 3–30 business days |
| Appeal Option | Internal appeal, then federal court | State ombudsman, AG, or court |
| Fee Waivers | Available for media/public interest | Varies widely by state |
Common Exemptions Under Both Systems
Both federal and state laws allow agencies to withhold certain categories of information. Common exemptions include:
- National security and classified information
- Internal personnel rules and practices
- Records protected by other statutes (e.g., tax returns, grand jury materials)
- Trade secrets and confidential commercial information
- Deliberative process and attorney-client communications
- Personal privacy information
- Law enforcement investigative records
States often add their own exemptions — for example, some protect certain law enforcement body camera footage, while others shield public employee home addresses.
Which Law Should You Use?
The answer depends entirely on who holds the records you need:
- Records held by the FBI, EPA, IRS, or another federal agency? Use federal FOIA.
- Records held by a state police department, county health office, or city council? Use your state's open records law.
- Records from a public university, school district, or state court? Use the state law.
Getting Started
For federal FOIA requests, submit through the agency's online portal or via the government-wide FOIA.gov system. For state requests, identify the specific agency that holds your records and look up your state's designated open records office. Many states now offer online submission portals, making the process faster and easier than ever.
Understanding which law applies — and what your rights are under it — is the critical first step toward successfully obtaining the public records you need.