A FOIA request can be made for any agency record that is not considered confidential or exempt (see below for exempt). That being said, the FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests.
How much does it cost to make a FOIA request?
Initially there is no charge for submitting a FOIA request, and a request that takes 30 minutes or less to produce is free. Upon making your request you will be notified in writing of an estimated cost that will be billed for the size of the request or the amount of time that it will take to produce it. You may include a statement with your request that limits the amount that you are willing to pay for the request. You will be notified in writing of any costs that you would be expected to pay, and you will have the option of agreeing to the billed amount before the request has begun. Things that are taken into consideration while calculating the costs associated with a FOIA request are:
The amount of time that it takes to produce the request, multiplied by a standardized cost of personnel's time per hour.
(i.e. Import/Export audio, video, files, documents, and any redactions that are required.)
The use of proprietary software and program licenses that are needed to redact, blur or bleep out portions of a video request.
FDPD utilizes proprietary redaction software that has costs associated with its use, per every use.
$19 fee per video file.
$1.00 per minute of video that is examined for redaction.
What areas are exempt from a FOIA request?
The nine exemptions are described below.
Exemption 1:Information that is classified to protect national security.
Exemption 2:Information related solely to the internal personnel rules and practices of an agency.
Exemption 3:Information that is prohibited from disclosure by another federal law.
Exemption 4:Trade secrets or commercial or financial information that is confidential or privileged.
Exemption 5:Privileged communications within or between agencies, including those protected by the:
Deliberative Process Privilege (provided the records were created less than 25 years before the date on which they were requested)
Attorney-Work Product Privilege
Attorney-Client Privilege
Exemption 6:Information that, if disclosed, would invade another individual’s personal privacy.
Exemption 7:Information compiled for law enforcement purposes that:
7(A). Could reasonably be expected to interfere with enforcement proceedings
7(B). Would deprive a person of a right to a fair trial or an impartial adjudication
7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy
7(D). Could reasonably be expected to disclose the identity of a confidential source
7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law
7(F). Could reasonably be expected to endanger the life or physical safety of any individual
Exemption 8:Information that concerns the supervision of financial institutions.
Exemption 9:Geological information on wells.
For any other questions you may have about FOIA requests. FOIA.gov