How much can the government charge me for providing me records? Am I ever able to get records for free?

Under the federal Freedom of Information Act, fees are assessed based on the particular fee category a requester falls within.  Different fee categories apply to, for example, commercial requesters and non-commercial requesters such as the media or scientific researchers.  Commercial users can be charged search, review and duplication fees while media requesters are normally only charged duplication fees with the first 100 pages of records provided at no cost.

Aside from these fee categories, however, the federal FOIA provides that fees can be reduced or waived entirely if disclosure of the information is in the “public interest because it is likely to contribute significantly to public understanding of the operations or activities of governments and is not primarily in the commercial interest of the requester.”  Media requesters should seek a full fee waiver in their initial request letter and be prepared to justify why they are deserving.

The federal FOIA explicitly recognizes that "alternative media" outlets using evolving electronic dissemination methods are to be considered media entities eligible for fee benefits.  Moreover, freelance journalists can seek such benefits "if the journalist can demonstrate a solid basis for expecting publication" through a media entity "whether or not the journalist is actually employed by the entity."  Publication contracts and/or a record of past, published freelance work will help substantiate a freelancer's fee benefits rights.

Fee provisions vary by state.  Some states set maximum per page copy charges while others say that fees must be “reasonable.”  States also vary on what kinds of fees can be charged, be they for duplication, search, review or other services.  Additionally, some states do not provide any statutory right to a fee waiver.

To see what fees can be charged in %%%STATE%%%, check out our State Open Government Guide.

Of course you can always challenge a fee estimate if you believe it is excessive. See the specific section below on fees for more information.