What is a Glomar response and how do I challenge an agency that will neither confirm nor deny records exist?

What a Glomar response is

A “Glomar response” is an agency’s refusal to confirm or deny that responsive records even exist. Instead of releasing, withholding, or saying “no records,” the agency states that acknowledging the existence (or non-existence) of records would itself reveal protected information.

The name comes from a 1970s case involving a vessel called the Glomar Explorer. Today the response is used most often in national security and personal-privacy contexts — for example, requests about whether a specific person is under investigation, or about classified intelligence activities.

When it is (and isn’t) proper

A Glomar response is only valid when the fact that records exist is itself protected by a recognized FOIA exemption. The most common bases are the exemptions covering national security/classified information and personal privacy. The agency must tie its refusal to a specific exemption, not use Glomar as a blanket excuse to avoid searching or explaining.

It is improper when the agency has already officially acknowledged the records, or when no genuine harm would flow from simply confirming a record’s existence.

How to challenge a Glomar response

You generally have the same rights as with any FOIA denial:

• Read the response carefully. Note which exemption(s) the agency cites and the appeal deadline and instructions it provides.
• File an administrative appeal in writing to the agency. Argue why the existence of records is not protected — for instance, point to prior official public acknowledgment by the agency, news of an official disclosure, or the absence of any real privacy or security harm.
• Be specific in your request. Narrowing or reframing what you ask for can sometimes avoid the conditions that justified a Glomar response.
• Seek mediation. The Office of Government Information Services (OGIS) offers free, neutral dispute-resolution services between requesters and agencies.
• Consider litigation. If the appeal fails, you may file suit in federal district court, where a judge reviews whether the Glomar response was justified.

A few practical notes

Federal agencies generally have 20 business days to respond to a FOIA request. Keep copies of everything and track your deadlines. Remember that state public-records laws vary and may handle “neither confirm nor deny” claims differently from the federal FOIA.

For more background, see our overview of FOIA and public records.