Can I ask an agency to proactively disclose records instead of filing a formal FOIA request?

Yes. You can ask an agency to release records proactively, and in many cases the records you want may already be available without any request at all. Proactive disclosure and a formal request are not mutually exclusive, so understanding both can save you time.

What proactive disclosure means

Under the federal FOIA, agencies are expected to make certain records available to the public on their own initiative, without waiting for someone to ask. These often include frequently requested records, records that are likely to be of broad public interest, and certain policy and operational documents. Agencies typically post these in an online “FOIA Library” or electronic reading room.

Before filing anything, it is worth checking the agency’s FOIA website and reading room. If the records are already posted, you can simply download them, with no request, no fees, and no waiting on a response deadline.

Asking an agency to post records

If the records you want are not yet public, you can contact the agency, often through its FOIA Public Liaison or FOIA office, and suggest that they proactively disclose the material. Agencies have discretion here, and a polite, specific request that explains the public interest can be persuasive. However, an agency is not obligated to honor an informal request to post records, and it may decline or ask you to file formally instead.

When you still need a formal request

If the agency will not proactively release the records, a formal FOIA request remains your enforceable path. The federal FOIA generally gives agencies 20 business days to respond, and a formal request preserves your rights to a determination, an appeal, and judicial review. An informal ask carries none of those protections.

A practical approach is to check the reading room first, ask informally if the records are not posted, and file a formal request if that does not work.

A note on state records

This answer describes the federal FOIA. State public-records laws vary widely in their proactive-disclosure expectations, deadlines, and procedures, so check the specific statute that applies to the agency you are contacting.

For more guidance, see our overview at /topics/foia-public-records/.