Introduction

 

The Federal Freedom of Information Act

How FOIA works

Filing a request

Which agencies are covered?

Asking for records

Do you actually have to file a request?

Who may use FOIA?

Try the informal approach first

Making a formal request

Paying fees

Fee waivers

Response times

Expedited processing and fast-tracking your request

Personally inspecting records

Appealing an initial denial

How to file a FOIA lawsuit

 

Exemptions to disclosure under FOIA

1. National security

2. Internal agency rules

3. Statutory exemption

4. Trade secrets

5. Internal agency memos

6. Personal privacy

7. Law enforcement records

8. Bank reports

9. Oil and gas well data

 

Major U.S. Supreme Court FOIA cases

 

Sidebars:

Frequently asked questions

Mandatory declassification review

A tale of two releases

Commonly requested records

 

Federal Open Meetings Laws

 

The Federal Advisory Committee Act

How FACA works

Where FACA applies

How to enforce FACA

 

The Government in the Sunshine Act

How the Sunshine Act works

What is an “Agency”?

What is a “Meeting”?

How to enforce the Sunshine Act

Exemptions to open meetings under the Sunshine Act

 

The Privacy Act

How the Privacy Act works

How Privacy Act lawsuits affect journalists

 


 

Sample materials

FOIA Request Letter

FOIA Appeal Letter

FOIA Complaint

Vaughn Motion

Request letter for your own files under FOIA and the Privacy Act

Agency addresses

 

Statutes

Freedom of Information Act

Privacy Act

Government in the Sunshine Act

Federal Advisory Committee Act

8. Bank reports

This applies mainly to reports prepared by federal agencies about the conditions of banks and other federally regulated financial institutions. It covers records that are:

contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.

The exemption applies to federal government records of banks, trust companies and investment banking firms and associations. Its purpose is to prevent disclosure of sensitive financial reports or audits that, if made public, might undermine public confidence in individual banks, or in the federal banking system. Traditionally, agencies have invoked the exemption to protect even the records of failed banks, holding that use of the exemption promotes candid disclosures by bank officers. But when Congress gave hundreds of billions of dollars to bail out the savings and loan industry in the late 1980s, it adopted measures to make financial institutions more accountable to the public.

The Federal Deposit Insurance Corporation Improvement Act of 1991 makes public federal written reports on material losses by insured depository institutions, except for customer names.

Agencies have some discretion to disclose some banking information, particularly factual parts of records.