TL;DR: The Freedom of Information Act (FOIA) lets any person request records from US federal agencies, subject to nine exemptions. The Privacy Act of 1974 lets US citizens and permanent residents request records an agency holds about them, and ask for corrections. Requests are in writing, often via FOIA.gov; agencies must normally respond within 20 working days, and you can appeal a refusal.

FOIA in plain English

FOIA gives anyone the right to ask a US federal agency for its records. You don't need to be a citizen or explain why you want them. Agencies must release what you ask for unless one of nine exemptions applies, such as classified information, personal privacy, law enforcement records or confidential business information. It covers federal executive agencies, not Congress, the courts, or state and local governments, which have their own public records laws.

The Privacy Act: records about you

If what you want is your own file (immigration, tax, military, benefits, or any record an agency retrieves by your name or Social Security number), the Privacy Act of 1974 is the stronger tool. According to the Department of Commerce:

How to make a request

  1. Pick the agency that holds the records. Many accept requests through FOIA.gov or their own portal.
  2. Write the request. Say it's made under FOIA (and the Privacy Act if it's about you). Describe the records as precisely as you can: dates, places, file types, subjects, people involved.
  3. Prove your identity for Privacy Act requests, usually with a signed Certification of Identity form.
  4. Keep a copy and note the date it was received.

Deadlines, fees and appeals

Using the FHFA's FOIA reference guide as an example of typical agency rules:

Fees and procedures vary slightly by agency, so check its FOIA page first.

Outside the US

In the UK and EU, the equivalent right to your own data, from public bodies and companies alike, is a subject access request. In India, the Right to Information Act covers public authorities, and the DPDP Act gives you rights over your personal data. For your criminal record specifically, see how to check your own criminal record.

Government records are only part of what's out there about you. A free email exposure check shows whether your email is in known breaches.

Frequently Asked Questions

What is FOIA?

The Freedom of Information Act, a US law that lets any person request records from federal agencies, subject to nine exemptions.

How do I get government records about myself?

File a Privacy Act request (and FOIA) with the agency that holds them, describe the records and prove your identity. It applies to US citizens and permanent residents.

How long does a FOIA request take?

Agencies must normally respond within 20 business days, extendable by 10 in unusual circumstances. Complex requests often take longer in practice.

Does a FOIA request cost money?

Agencies can charge for search, review and copies, but small requests are often free. FHFA, for example, charges nothing under $25.

Can I appeal a FOIA denial?

Yes. File a written appeal with the agency, usually within 90 days, or seek help from OGIS or the courts.

Sources

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