Freedom of Information

The federal judicial system parallels the state judicial system; but the
federal courts have limited jurisdiction. Federal courts may exercise authority
only in those disputes in which they have been authorized to act under the
United States Constitution through a statute enacted by the United States
Congress.
Federal State Sample letters
Federal
Since its enactment in 1966, the Federal Freedom of Information Act has helped uncover vast amounts of information for reporters and private citizens alike.

The act gives "any person" access to all records of nearly all federal agencies unless the records sought fall into one of nine exempt categories. Even then, agencies are usually permitted to withhold information but not required to, meaning that a strong argument that disclosure would be "in the public interest" might still prevail.

The exempt categories are documents relating to:

national security
internal agency personnel rules
trade secrets and confidential commercial information
internal agency memoranda and policy discussions
personal privacy
law enforcement investigations
federally regulated banks
oil and gas wells

Information specifically exempted by dozens of other federal laws is already on the books. Some of these specific laws limit the discretion of the agency holding the records.

Virtually all regular agencies fall under the FOI Act, including the Executive Office of the President, although the president himself is exempt, as are Congress and the federal courts.

The FOI Act is very broad, covering all records in the possession or control of an agency. And "records" is defined to encompass all types of documentarey information, including photographs, films, computer tapes and sound recordings as well as papers, reports, letters and the like.

Officials' appointment calendars and phone messages may be argued to be personal, even though they are in the possession of an agency, but they are usually considered agency records unless created solely for personal convenience.

FOI requests should be for documentary information only; questions may not be posed under this act. If the information is available in more than one form, the agency is not obligated to supply it in the form most useful to the person requesting it nor is it required to create documents in response to a request.

Under federal law, reporters may not be charged search fees nor may they be charged for the first 100 pages of copying. You must request the waiver, listing your credentials as justification.

State
Massachusetts law follows the federal act in many respects. It applies to the state, to city, town and county governments, and to all agencies and authorities broadly defined. One exception is the Legislature. Another is the state courts, whose criminal records are governed by the Criminal Offender Record Information statute. (See the CORI section of this handbook.)

The law declares a presumption that records are public and, in disputes, it states "the burden shall be on the custodian to prove with specificity the exemption which applies."

Exempted under the state act are:

the names and addresses of persons licensed to possess firearms, or who apply for such licenses
records related solely to internal personnel rules and practices of the government unit
medical and personnel records that might permit identification of individuals, and, generally, any materials related to a specific individual, "the disclosure of which may constitute an unwarranted invasion of personal privacy"
memoranda "relating to policy positions being developed by the agency"
notebooks which are personal and not maintained as part of agency files
some police records which may be withheld for investigative purposes, but the law invites case-by-case balancing of the interests of law enforcement versus the interests of public disclosure
trade secrets
sealed bids on contracts, along with agency materials relating to evaluation of such bids, prior to the date for opening of bids
appraisals of real property acquired or to be acquired, prior to final action on the acquisition, including any litigation
public library circulation records that reveal the identity of borrowers
testing materials used repeatedly in licensing examinations
certain contracts for hospital or related healthcare services entered into by public hospitals or health care facilities
documents exempted from disclosure by other statutes

Sample FOI request letters
Your name, address
Day time phone number
Date
Freedom of Information Office
Agency
Address

(Federal version)

Pursuant to the federal Freedom of Information Act, 5 U.S.C. 552 et. seq., I hereby request copies of [requested materials]. I am a journalist [list credentials] and I understand federal law requires that search fees and the first 100 pages of copying must be waived for journalists. If the material I am requesting requires more than 100 pages of copying, I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $.
In the event that fees do exceed $, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

(State version)

Pursuant to the state Freedom of Information Act, G.L.M. c.4, €7, clause 26th, I hereby request copies of [requested materials]. I am a journalist [list credentials].
I agree to pay reasonable search and duplication fees for the processing of this request in an amount not to exceed $.
In the event that fees do exceed $, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

(Your name)