Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
You have the right to appeal a public records request denial but exactly how you do that varies by jurisdiction.
Under the federal Freedom of Information Act, you have the right to administratively appeal to the agency that denied your request. You must follow the exact appeal procedures—especially meeting appeal deadlines—the agency requires. Basic appeal procedure instructions are usually contained at the end of a denial letter. More specific appeal procedures are set forth in the agency’s FOIA processing regulations. Use our appeal letter generator to help get you started.
If your federal FOIA administrative appeal is denied, you can either seek free mediation services from the federal Office of Government Information Services (OGIS) or file a lawsuit.
Remember you can appeal not only substantive denials but also fee waiver denials, excessive fee estimates and expedited processing denials.
At the state level, procedures vary widely. In some states there may be no absolute right to an administrative appeal or no government FOI ombudsman services to help mediate disputes.
See what the law is in %%%STATE%%% regarding how appeals work, whether a FOIA agency is available and how you can proceed if a request is denied.