Access to File "Metadata"

A question still exists as to whether “metadata,” the information used to index a document in electronic format, is part of a record that must be disclosed under the federal Freedom of Information Act. Metadata has been described as “information describing the history, tracking, or management of an electronic document.”¹¹ When you create a word processing document in Microsoft Word, for example, a wealth of information is automatically created such as file sizes, creation dates and document authors that is not readily visible when you open the file but is nevertheless embedded within. This is “metadata.” Another example would be the variety of technical information that can be embedded within a digital photograph such as exposure settings or location data.  

State courts that have addressed whether the underlying metadata attached to a record must also be disclosed under open records laws have thus far been fairly uniform in concluding that it must.¹² The issue has, however, not been squarely addressed by federal courts under federal FOIA. In February 2011, a federal district court in New York held that metadata was a “record” subject to federal FOIA, but that opinion was eventually withdrawn when the parties reached a settlement.

If you receive an electronic document with metadata deleted, you may on appeal emphasize that the metadata is also a record that the agency must provide. Again, you should argue that it constitutes an “agency record” and requires no unreasonable burden to produce (and, if necessary, to redact certain information from within).