How to Write a FOIA or Privacy Act Request That Gets an Answer
A plain-language guide to writing FOIA and Privacy Act requests: what to include, how to describe records, fees, expedited processing and what to expect.
How to Write a FOIA or Privacy Act Request
Federal agencies hold a lot of records, and the law gives you a right to ask for them. The difficult part is the first letter. A clear request gets a faster answer; a vague one sits in a queue or comes back with a question. The FOIA and Privacy Act Request Letter Generator builds the letter for you.
Two laws, two purposes
The Freedom of Information Act (FOIA) lets anyone ask for existing records of a federal agency. The agency must decide within 20 business days, can extend in unusual cases and releases everything except material under nine exemptions, such as national security or personal privacy.
The Privacy Act of 1974 lets a US citizen or permanent resident see and copy records an agency keeps about them in a system of records, and ask for corrections. The agency verifies identity before it releases anything. If you want your own file, the Privacy Act letter is the right start, and many people add a FOIA citation as well.
What goes into the letter
- The agency and the office, such as the FOIA officer.
- Your identity and contact details. For your own records, a declaration under 28 U.S.C. 1746 that you are who you say you are.
- A description of the records. Say which program, office, dates, people and kinds of document.
- The format you prefer, usually electronic.
- Fees: pay, pay up to a limit or ask for a waiver.
- An expedite request if you have a compelling need, with a certification that it is true.
Describing the records
Compare two requests. "All records about the agency's work" is too broad and will be refused. "Emails between the regional office and contractor X about contract number Y between January and June 2025" can be searched. The tool gives you a large box for this description, and a date range so that the search period is clear.
Fees
Many individual requests cost little or nothing for the first pages. You can say that you will pay up to an amount, for example $25, and ask to be told before the cost goes beyond it. A fee waiver requires a showing that disclosure is in the public interest and not mainly for commercial use.
A worked example
Jordan Smith asks the Federal Bureau of Example for all records about himself from January 2023 to June 2026, including case notes and correspondence. The Privacy Act template cites 5 U.S.C. 552a, gives his name and contact details, includes the identity declaration, asks for PDF copies by email and agrees to pay up to $25. If Jordan wanted records of the agency about a policy, the FOIA template would replace the identity declaration with the 20-business-day language.
After you send it
Send the letter through the agency's FOIA portal or the address on its website, and keep the confirmation number. If the agency does not answer in time, you can appeal or go to the Office of Government Information Services for mediation. If part of a request is denied, the agency must say which exemption applies and how to appeal.
What the generator does not do
It does not choose the agency for you and does not guarantee a result. The letter is a template and not legal advice. Use your real identity and contact details, and make requests only for records you are entitled to ask for.
Quick questions
How long will the agency take? The statute sets 20 business days for the determination, but complex requests often take longer. Ask for a tracking number.
Can I narrow the request later? Yes, and narrowing it is the fastest way to get a partial answer. Write to the FOIA officer and propose a smaller scope.
Is the request public? Agencies may publish logs of requests and requesters' names in some cases, so assume your request can be seen.
