Does FOIA apply to private companies?

The Short Answer

No. The federal Freedom of Information Act (FOIA) applies to federal executive branch agencies, not to private companies. FOIA gives the public a right to request records that federal agencies create or hold. A private business is not a federal agency, so you generally cannot file a FOIA request directly with a corporation to obtain its internal records.

Why FOIA Does Not Reach Private Companies

FOIA was designed to make the operations of the federal government transparent and accountable to the public. Its disclosure obligations fall on government agencies. Because a private company is not part of the government, it has no duty under FOIA to release its records to a requester.

FOIA also does not cover Congress, the federal courts, or state and local governments. Many states have their own public-records or “sunshine” laws that operate similarly to FOIA at the state and local level, but those, too, apply to government bodies rather than to private firms.

Where Private Company Information Can Still Surface

Even though companies are not subject to FOIA, related records sometimes become available:

• Records a company submits to the government. If a business sends documents to a federal agency (for example, as a contractor, grant recipient, or regulated entity), those records may be in agency hands and potentially requestable, subject to FOIA exemptions.
• Protected business information. FOIA includes exemptions that shield trade secrets and confidential commercial or financial information from disclosure, so sensitive company data submitted to an agency is often withheld or redacted.
• Personal privacy. Other exemptions protect individuals’ personal information held in government files.

What This Means in Practice

If you want information about a company that the government regulates, contracts with, or oversees, the right approach is usually a FOIA request to the relevant federal agency, not to the company. If you want a private company’s own internal records, FOIA is not the tool; other legal mechanisms, such as litigation discovery or contractual rights, may apply.

Private organizations still have strong reasons to manage records well, including tax, employment, and litigation requirements, even though FOIA itself does not apply to them.

For more background and related guidance, see the FOIA and public records topic hub.