How do I appeal a FOIA response where almost every page came back fully redacted?

A response that comes back almost entirely redacted is one of the most common reasons people appeal a FOIA decision. The good news is that you have a clear right to challenge it, and agencies must justify every withholding.

Start with the determination letter

Your response letter should identify which of FOIA’s nine exemptions the agency relied on for each redaction. Read it closely. An agency cannot withhold information simply because it is sensitive or embarrassing; it must tie the redaction to a specific exemption and, under the foreseeable-harm standard, generally show that disclosure would cause an identifiable harm. The agency is also required to release any reasonably segregable non-exempt portions, so wall-to-wall redaction is itself a point worth contesting.

File an administrative appeal

Before going to court, you must exhaust the administrative appeal process. Send a written appeal to the office named in your determination letter (often a FOIA Public Liaison or appeals officer). Most agencies set a deadline to appeal, frequently 90 calendar days from the date of the response, so check your letter and act promptly.

In your appeal, you should:

• Reference the original request and tracking number.
• State that you are appealing the redactions and the adequacy of the search if relevant.
• Argue that the exemptions were applied too broadly and that segregable material was withheld.
• Ask the agency to release reasonably segregable, non-exempt information.

Recall that agencies generally have 20 business days to respond to the initial request; appeals have their own response timeframe set by the agency.

Use OGIS and other options

The Office of Government Information Services (OGIS) at the National Archives offers free, neutral mediation between requesters and federal agencies. You can contact OGIS for help understanding your options at any point, including before or after an appeal. If the administrative appeal is denied, you may file suit in federal district court.

Two cautions: this covers the federal FOIA only. State public-records laws have their own exemptions, deadlines, and appeal paths that vary widely, so consult the specific statute that applies. For more background, see FOIA and public records.