Can an agency set high copying fees to discourage people from filing public records requests?

No. Public-records laws are built on the principle that government information belongs to the public, and they do not allow an agency to weaponize fees as a tool to discourage requests. Charging inflated copying or processing costs to deter requesters runs counter to both the letter and the spirit of these laws.

Fees Are Meant to Recover Cost, Not Punish

Under the federal Freedom of Information Act (FOIA) and most state public-records statutes, fees are limited to the reasonable, actual cost of activities such as searching for, duplicating, and (in some cases) reviewing records. They are not intended to generate revenue or to price the public out of access. Agencies generally cannot invent charges, mark up the true cost, or bill for work the law does not authorize.

Several built-in protections reinforce this:

• Fee categories and caps. Requesters often fall into categories (such as news media, educational, or commercial) that determine which fees apply. Many requesters receive a set amount of search time or duplication at no charge.
• Fee waivers and reductions. Fees may be waived or reduced when disclosure is in the public interest, particularly when the request is not primarily for commercial benefit.
• Reasonableness requirements. Charges must be tied to the actual labor and materials involved, and many laws require agencies to publish their fee schedules.

Why Excessive Fees Don’t Hold Up

If an agency sets fees far above its real costs, a requester can typically challenge them through an administrative appeal or, where available, the courts or an oversight body. Reviewers look at whether the charges are reasonable, properly categorized, and consistent with the published schedule. Fees designed to obstruct access tend to be reduced or struck down.

Good Practice for Agencies

Transparent, defensible fee handling protects both the public and the agency:

• Maintain a clear, published fee schedule tied to actual costs.
• Apply fee categories and waivers consistently and document the reasoning.
• Provide cost estimates up front so requesters can narrow scope.
• Offer electronic delivery, which often eliminates duplication charges entirely.

Sound recordkeeping makes records easier to locate and produce, which naturally lowers cost. For more on access principles, see the FOIA and public records topic hub.