In 1966 the Freedom of Information Act (FOIA) was made into law. Its purpose was to give the public the right to have access to information from federal government agencies. Each federal agency has their own disclosure office which governs how FOIA requests for that agency are handled. Not all agencies handle their freedom of information requests the same, but the federal statute does provide some specific guidelines for timeliness of request responses, the nature of material that can be upheld and how withheld material is to be handled.

“Any person” may submit a Freedom of Information Act request. This includes United States citizens, foreign nationals, universities, associations and organizations. The Watergate scandal prompted some amendments to the FOIA in 1974, forcing federal agencies into stricter compliance. In 1996, the Freedom of Information Act was again amended to create for the public even greater access to federal agency records.

While the Freedom of Information Act does apply to federal regulatory agencies, Executive Branch agencies, offices and departments as well as federal corporations, it does not apply to federal courts, congress and sections of the Executive Office of the President that function specifically to assist and advise the President of the United States. The records that are applicable under the Freedom of Information Act include all “agency records.” This includes e-mail, print documents, electronic records, maps, videos and photographs that were obtained or created by a Federal agency. Additionally, this material must be in that specific agency's control and possession.

Furthermore, the FOIA requires each agency to make available how to make a request for government records. This includes creating a handbook, indexes, reference guide and a description of the information locator systems. This can often best be accessed through the agency's website. It is advisable that those wishing to make a FOIA request first research to find the right component of the right agency.

There may be times when a part or parts of a requested document contains information that could potentially pose a harm to the agency or violate an individual's privacy. In such cases, the agency has the discretion to withhold that material under one or more of nine exemptions that the Freedom of Information Act provides for such cases. While any portion of the material that is non-exempt must be released, the exempt portions may be withheld by redaction. To prevent an agency from withholding an entire document for just one name, sentence or photo, the FOIA requires that any “reasonable segregable portion” of the document must be disclosed once the exempt portions have been redacted.

The nine exemptions of the FOIA are as follows (The Freedom of Information Act (1966) 5 U.S.C. § 552):

Exemption (b)(1) Classified Matters of National Defense or Foreign Policy

Exemption (b)(2) Internal Personnel Rules and Practices

Exemption (b)(3) Information Specifically Exempted by Other Statutes

Exemption (b)(4) Trade Secrets, Commercial or Financial Information

Exemption (b)(5) Privileged Interagency or Intra-Agency Memoranda or Letters

Exemption (b)(6) Personal Information Affecting an Individual's Privacy

Exemption (b)(7) Investigatory Records Compiled for Law Enforcement Purposes

Exemption (b)(8) Records of Financial Institutions

Exemption (b)(9) Geographical and Geophysical Information Concerning Wells