How does a commercial requester get charged differently for a FOIA request?

Under the federal Freedom of Information Act (FOIA), the fees an agency may charge depend on which requester category you fall into. A “commercial-use” requester is treated differently from other requesters, and that difference can significantly affect the bill.

The Federal Requester Categories

For fee purposes, FOIA generally sorts requesters into a few groups:

• Commercial-use requesters — those seeking records to further a business, trade, or profit interest.
• Educational and noncommercial scientific institutions.
• News media (representatives of the press).
• All other requesters (most individuals and members of the public).

The category is based on how you intend to use the records, not simply who you are. Agencies look at the purpose behind the request.

How Commercial Requesters Are Charged

Commercial-use requesters can be billed for the widest range of costs. They may be charged for:

• Search time — staff effort to locate responsive records.
• Review time — staff effort to examine records and apply exemptions.
• Duplication — copying or producing the records.

By contrast, other categories receive cost breaks. News media, educational, and noncommercial scientific requesters typically pay only duplication fees. “All other” requesters generally get a set amount of free search time and free duplication before charges begin, and are not billed for review.

In short, commercial requesters pay the most because they alone are routinely charged for review time and do not receive the free search-and-copy allowances given to other categories.

Practical Points

• State the purpose clearly. Explaining your intended use helps the agency assign the correct category and avoid disputes.
• Set a fee ceiling. You can tell the agency the maximum you’re willing to pay so you aren’t surprised by a large estimate.
• Fee waivers may be available when disclosure serves the public interest, but they are generally harder to obtain for commercial use.

These rules apply to federal agencies. State public-records laws vary widely, and many use their own fee structures and requester definitions, so check the specific statute that governs your request.

Learn more about related concepts on our FOIA and public records topic page.