Setting the record straight: State deadlines for Freedom of Information Act requests
The Freedom of Information Act (FOIA) has enabled organizations and members of the public to request previously unreleased records since 1967. Amid growing numbers of FOIA requests, how long do agencies have to respond?
Written by a human
In brief:
- The Freedom of Information Act serves to ensure greater transparency and accountability of government agencies.
- FOIA laws vary by state and this extends to the timescales agencies have to respond to requests.
- Most states have a defined timescale, but 16 states require either a ‘prompt’ response or have no limit.
Open records requests: What is a record?
The definition of records varies from state to state, but can include books, papers, maps, photographs, and information stored electronically such as websites, blog posts, chat logs, email, and SMS messages.
Who can make a FOIA request?
Under the FOIA, almost anyone can file an open records request to access previously unreleased records controlled by the U.S. Government.
Here’s a breakdown of who can make an open records request:
- U.S. citizens
- Foreign nationals
- Organizations (businesses, N.G.O.s, etc.)
- Universities
State and local governments (though they typically wouldn’t use FOIA to request information from their own entities)
Time limits for responding to a FOIA request
| State | Response deadline |
| Alabama | No Limit |
| Alaska | 10 days |
| Arizona | “Prompt” |
| Arkansas | 3 days |
| California | 10 days |
| Colorado | “Prompt” |
| Connecticut | 4 days |
| Delaware | 15 days |
| Florida | “Prompt” |
| Georgia | 3 days |
| Hawaii | 10 days |
| Idaho | 3 days |
| Illinois | 5 days |
| Indiana | 7 days |
| Iowa | 20 days |
| Kansas | 3 days |
| Kentucky | 3 days |
| Louisiana | 3 days |
| Maine | 5 days |
| Maryland | 30 days |
| Massachusetts | 10 days |
| Michigan | “Prompt” |
| Minnesota | “Prompt” |
| Mississippi | 7 days |
| Missouri | 3 days |
| Montana | No Limit |
| Nebraska | 4 days |
| Nevada | 5 days |
| New Hampshire | 5 days |
| New Jersey | 7 days |
| New Mexico | 15 days |
| New York | 5 days |
| North Carolina | No Limit |
| North Dakota | No Limit |
| Ohio | “Prompt” |
| Oklahoma | “Prompt” |
| Oregon | “Prompt” |
| Pennsylvania | 5 days |
| Rhode Island | 10 days |
| South Carolina | 15 days |
| South Dakota | 15 days |
| Tennessee | 7 days |
| Texas | 10 days |
| Utah | 10 days |
| Vermont | 2 days |
| Virginia | 5 days |
| Washington | “Prompt” |
| West Virginia | 5 days |
| Wisconsin | “Prompt” |
| Wyoming | No Limit |
Key takeaways:
- Deadlines for responding to FOIA requests vary wildly, from two days in Vermont to 30 days in Maryland.
- 10 states require a ‘prompt’ reply, which is highly ambiguous and arguably unhelpful.
- It’s widely recognized that agencies rarely meet the defined time limits for responding to FOIA requests, due to insufficient resources and the burden of screening each request for records exempt from the FOIA.
What are the limitations on the information that can be released under the FOIA?
There are no specific limitations on the reasons for a FOIA request. FOIA requests can be made for any purpose, personal or professional. However, there are some limitations on the types of information that can be released:
- Information classified for national security reasons might be withheld.
- Information that could reveal personal privacy details might be redacted.
- Internal agency deliberations and legal advice might be exempt.
Summary
While the federal FOIA mandates timely responses from government agencies, deadlines for fulfilling these requests vary by state. Understanding these time limits is crucial for those seeking public records. Accurate and accessible government records are essential for transparency and public accountability, making it vital to know how to access them efficiently.
