What Is a FOIA Appeal and How Do They Work?
May 13, 2025
The Freedom of Information Act (FOIA) gives the public the right to access records from any federal agency. It was designed to keep the government transparent and accountable. But just because you file a FOIA request doesn’t mean you’ll always get what you ask for. Agencies can deny your request or release only part of the records. That’s where an FOIA appeal comes in.
This step is critical if you believe the agency improperly withheld information or didn’t respond within the required time. I am dedicated to fighting vigorously for my clients at Michael Kuzma Attorney at Law in Buffalo, New York. I'll bring years of experience and a steadfast commitment to justice for every client I serve.
What Is an FOIA Appeal?
An FOIA appeal is a written challenge submitted to the agency that denied your original FOIA request. It's not a lawsuit. It’s an administrative process that gives the agency another shot at reviewing its decision. Appeals are usually reviewed by a higher-level official who wasn’t involved in the initial decision.
Here are the most common reasons people file a FOIA appeal:
The agency denied the request in full: They said no to everything.
Only part of the documents were released: You got some records, but others were withheld.
The agency said it had no responsive records: You believe that’s not true.
The request was rejected for procedural reasons: They said it was too broad, vague, or improperly formatted.
The agency didn’t respond on time: FOIA requires agencies to respond within 20 business days, though extensions can apply.
There are several things you should be aware of before filing your appeal.
Before Filing an Appeal
Before jumping into the appeal process, take a moment to review the agency's response. Sometimes, the reason for denial is straightforward. Maybe the records are genuinely exempt under FOIA, or maybe the agency needs more time. Other times, the denial might seem vague or overly broad.
Here's what to look at first:
Check the agency’s explanation: Agencies are required to tell you why they denied or redacted information. Look for references to specific FOIA exemptions.
Review the FOIA exemptions cited: There are nine FOIA exemptions, including ones related to national security, personal privacy, law enforcement, and internal agency rules.
Note any deadlines for appeal: Appeals must be filed 90 days from the date of an adverse determination.
Gather supporting material: If you have reason to believe the agency is wrong (for example, you know the records exist), collect any evidence you have.
These protocols will properly prepare you to file your FOIA Appeal.
How to File an FOIA Appeal
Once you've reviewed your denial and decided to move forward, it's time to file the actual appeal. This is usually a letter or email, and each agency has its instructions on how to submit it.
Most FOIA appeals include the following:
A clear subject line: Include your original request number and the word "Appeal."
A summary of what happened: Briefly explain what you requested and how the agency responded.
Why you’re appealing: Point out any legal or factual issues. Maybe the agency misapplied an exemption or didn’t conduct a proper search.
Any evidence you have: Include documents, references, or arguments that support your position.
Your contact information: Make it easy for the agency to follow up.
After you file your appeal, you must understand where to send the appeal. For further guidance on these actions, reach out to me, Michael Kuzma, Attorney at Law.
Where to Send the Appeal
Agencies have designated FOIA appeal addresses or email contacts. These should be listed in the denial letter or on the agency's FOIA website. If you're unsure, contact the agency’s FOIA office.
FOIA appeals generally must be submitted:
Within a set timeframe: 90 days from the date of the denial.
To the correct office: Sending it to the wrong place will cause delays.
Following agency guidelines: Some agencies require physical mail; others accept email or online submission.
There are a few different outcomes that can play out after you file your appeal.
What Happens After You File
After your appeal is submitted, the agency assigns it for review. A different official from the one who handled your original request usually conducts the appeal review. This second look might lead to a reversal, a partial release, or affirmation of the original denial.
Here’s what you can expect:
A written response: The agency must respond to your appeal, typically within 20 business days.
A detailed explanation: They should explain whether they're releasing more records or sticking with their initial decision.
Further appeal options: If your appeal is denied, you may file a lawsuit in federal court.
After you file your appeal, it’s imperative to be aware of the common exemptions that usually lead to Appeals.
Common FOIA Exemptions That Lead to Appeals
Agencies often cite one or more FOIA exemptions when denying or redacting information. These are legal reasons why they don't have to release certain records.
Here are some of the most frequently used FOIA exemptions:
Exemption 1: Classified national defense and foreign relations information.
Exemption 2: Internal agency rules and practices.
Exemption 3: Information prohibited from disclosure by another federal law.
Exemption 4: Trade secrets and confidential business information.
Exemption 5: Inter-agency or intra-agency memos protected by legal privileges.
Exemption 6: Personal privacy information.
Exemption 7: Law enforcement records that could interfere with proceedings or invade privacy.
If you believe the agency misused one of these exemptions, you can raise that in your FOIA appeal.
Tips for Writing an Effective FOIA Appeal
A strong FOIA appeal doesn’t need to be overly formal, but it should be clear, concise, and persuasive. You're trying to convince someone to take a second look at your request.
Here are some helpful tips:
Be specific: Reference the agency's reasoning and explain why you disagree.
Use plain language: Avoid legal jargon unless it strengthens your argument.
Stay professional: Don’t vent or get personal. Stick to the facts.
Include citations if helpful: If there's case law or past FOIA rulings that support you, bring them up.
Keep it organized: Use headings or bullet points if needed to break things up.
Although you may have an effective appeal, there’s still the possibility of it being denied.
What to Do If Your Appeal Is Denied
If your FOIA appeal doesn't go your way, you still have options. The next step is to take the matter to federal court. This is a more formal process and typically involves hiring an attorney with FOIA litigation experience.
Here are your next moves:
Decide if litigation is worth it: Lawsuits can take time and money, but they may be necessary.
Consult an FOIA attorney: They can review your case and help you decide if you have a strong argument.
Act within the statute of limitations: You generally have six years to file a FOIA lawsuit from the date of the denial.
Now that you're aware of the next steps after your appeal is denied, you should also be prepared to take your case to court.
Transitioning From Agency Review to Legal Action
Not every FOIA appeal ends up in court, but when agencies stick to their denial and the records matter, legal action might be your only recourse. Taking your case to court can compel the agency to justify its decision to a judge. In many instances, agencies will release more records once litigation begins rather than defend questionable redactions or denials.
If you choose to file a FOIA lawsuit, it’s helpful to have legal counsel who understands both FOIA and federal litigation. While you can file pro se (in one’s own behalf), the chances of success are often better with an experienced advocate by your side.
Reach Out Today
FOIA appeals play a key role in holding federal agencies accountable. It's an important tool for transparency, advocacy, and research. Understanding how the appeal process works can make all the difference in getting access to the information you're after. I serve clients in Buffalo, New York as well as other parts of New York State. Contact me today with your FOIA questions.