How To Use The Federal FOI Act
Sample FOI Act Appeal Letter

Your address Daytime phone number Date Agency Administrator Agency Address     FOI Act Appeal Dear Administrator: This is an appeal under the Freedom of Information Act, 5 U.S.C. § 552. On (date) I made an FOI Act request to your agency for (brief description of what you requested). On (date), your agency denied my request on the grounds that (state the reasons given by the agency). Copies of my request and the denial are enclosed. (When the agency delays:) It has been (state number) business days since my request was received by your agency. This period clearly exceeds the 10 days provided by the statute, thus I deem my request denied. A copy of my correspondence and the postal form showing receipt by your office are enclosed. The information which I have requested is clearly releasable under the FOI Act and, in my opinion, may not validly be protected by any of the Acts exemptions. (Here, insert legal and "public policy" arguments in favor of disclosure, if you wish.)1 I trust that upon re-consideration, you will reverse the decision denying me access to this material and grant my original request. However, if you deny this appeal, I intend to initiate a lawsuit to compel disclosure.2 As I have made this request in the capacity of a journalist (or author, or scholar) and this information is of timely value, I would appreciate your expediting the consideration of my appeal in every way possible. In any case, I will expect to receive your decision within 20 business days, as required by the statute. Thank you for your assistance. Very truly yours, Your signature

1. You are not required to make legal or policy arguments to support your appeal; by simply stating "I appeal" the agency will review the documents and the justifications given in the original denial. However, it is usually a good idea to try to persuade them to release the information. See pp. 9-16 for further information on any of the specific exemptions cited by the agency in their denial of your original request. The descriptions contained there should suggest arguments you can make to counter the agencys assertions.

2. Dont include this as an idle threat. But if you do intend to follow up with a lawsuit, say so. Often the agency will more closely consider its position when it knows it will have to defend it in court soon.