Obtaining government records—including your own—through the Freedom of Information Act and the Privacy Act.
The Freedom of Information Act (FOIA) gives the public a right to obtain records from federal agencies, subject to specific exemptions. The Privacy Act gives individuals a separate right to obtain—and seek correction of—records that agencies maintain about them. Both are powerful tools, but agencies frequently delay, over-redact, or deny requests, and the difference between a well-crafted request and a poorly framed one can be the difference between receiving meaningful records and receiving nothing at all.
Compass Rose Legal Group helps individuals, journalists, and organizations obtain federal records at every stage—from drafting the initial request, through administrative appeals, to litigation in federal court.
FOIA Requests and Appeals
Agencies are generally required to make a determination on a FOIA request within 20 business days, with extensions available in unusual circumstances. In practice, many requests take far longer, and records are often withheld or redacted under one or more of FOIA’s nine exemptions, including those covering classified national security information, personal privacy, and law enforcement records. Agencies may also issue a “Glomar” response, refusing to confirm or deny whether responsive records exist.
We assist clients by:
- Identifying the agencies and components most likely to hold the records sought;
- Drafting requests that are specific enough to locate records yet broad enough to capture what matters;
- Seeking expedited processing and fee waivers where appropriate;
- Negotiating the scope and timing of searches with agency FOIA officers; and
- Pursuing administrative appeals of denials, excessive redactions, inadequate searches, and “no records” responses.
Privacy Act Requests: Obtaining Your Own Records
For clients facing a security clearance action, an adverse employment action, or an Inspector General inquiry, the government’s own files are often the most important evidence. Through Privacy Act and FOIA requests, we help clients obtain records such as:
- Background investigation files, including those held by the Defense Counterintelligence and Security Agency (DCSA);
- Agency security, adjudication, and polygraph-related records;
- Official personnel files and related employment records; and
- Inspector General and other investigative records.
These records can reveal what information the government relied upon, identify errors that should be corrected, and shape the strategy for responding to a Statement of Reasons, a proposed adverse action, or an investigation. Where records are inaccurate, the Privacy Act also allows individuals to request that they be amended. To learn more about related matters, see our pages on Security Clearance & Polygraph and Federal Employment Law.
FOIA Litigation
When an agency fails to respond within the time the law requires, or improperly withholds records after an appeal, the requester may file suit in federal district court. Litigation can compel an agency to complete its search, produce records on a court-ordered schedule, and justify each withholding. Where a requester substantially prevails, the court may award attorney fees and costs. We represent clients in FOIA litigation when administrative efforts have not produced the records to which they are entitled.
Experience With National Security Records
Many of the records our clients seek are held by the Intelligence Community, the Department of Defense, and other national security agencies, where classification and agency-specific exemptions are common. Our attorneys’ experience inside those agencies—including at the Central Intelligence Agency and the Office of the Inspector General of the Intelligence Community—helps us anticipate how requests will be processed and where withholdings can be challenged.
Current and former national security personnel who wish to publish information about their government service may also need to submit their work for review before publication. See our Prepublication Review page.
To discuss a FOIA or Privacy Act matter, contact Compass Rose Legal Group.
This information is general in nature and is not legal advice. Deadlines and procedures vary by agency.
