Practical Civics

America’s government records are the people’s records – usually. But some documents are more accessible than others. At both the federal and state levels, laws exist that allow citizens, journalists, advocacy groups, and researchers to request records from public agencies. These requests are commonly known as FOIA or PIA requests.

FOIA stands for the Freedom of Information Act, a federal law passed in 1966 that gives the public the right to request records from federal government agencies. Maryland’s equivalent is the Public Information Act, which applies to state and local government agencies, including counties, municipalities, school systems, and public service boards.

Through a FOIA or PIA request, a citizen may obtain emails, budgets, contracts, meeting records, reports, policies, or other government documents that are not already publicly available. You can even get photos.

Filing a request is pretty straightforward. Most agencies now accept requests through email or online portals. A requester generally identifies the records they are seeking, provides contact information, and submits the request to the appropriate agency. In Maryland, many agencies have designated PIA coordinators specifically responsible for handling requests.

But actually getting the records you desire is the hard part. Certain information may be withheld under exemptions related to privacy, ongoing investigations, personnel matters, legal privilege, or public safety concerns. Agencies are usually required to give reasoning if they deny your request altogether, but sometimes they stretch the definitions of those reasons for withholding records. Time can also be a factor; large agencies like the FBI or CIA are years behind in FOIA requests. So if you ever see a news story based on a juicy tidbit of information from an event that happened a while ago, you can bet it's because a journalists’ FOIA or PIA finally came through.

One common misconception is that FOIA and PIA requests are always free. While many simple requests cost little or nothing, agencies may charge fees when requests require extensive staff time, copying, redaction, or legal review. For example, if an agency employee spends several hours searching thousands of emails or removing protected information from documents, the requester may be billed for that labor. Maryland agencies can waive fees if releasing the information is considered to be in the public interest.

The biggest difference between FOIA and Maryland’s PIA is jurisdiction. FOIA applies only to federal offices or agencies, while the Maryland PIA applies to state and local bodies. A quick internet search for FOIA or PIA request guides will turn up an easy to follow process if there’s a document out there you’d like to get your hands on.