How do we handle a FOIA request for records that a disaster damaged or destroyed?

A disaster does not extinguish an agency’s FOIA obligations. The duty is to conduct a reasonable search for responsive records and to account honestly for what survived, what was lost, and what may be reconstructable. FOIA does not require an agency to recreate records it no longer has, but it does require a good-faith effort and a defensible explanation.

Confirm what was actually lost

Begin by treating the request like any other: identify where responsive records should reside, then determine whether a disaster — fire, flood, storm, or system failure — affected those holdings.

• Check for backups, duplicates, and copies held offsite, in the cloud, or by other offices.
• Look for the same information in other systems, such as related case files, email, or reporting databases.
• Confirm whether paper that was digitized still exists in electronic form, and vice versa.

Often a “destroyed” record survives somewhere, and a thorough search is what FOIA actually demands.

Document the loss and respond honestly

If records are truly gone, the agency should explain that in its response. A “no records” or partial response is appropriate when supported by a reasonable search, but the agency should be prepared to describe what it searched, what it found, and why the records cannot be produced. Vague claims invite appeals and litigation, so the recordkeeping behind the answer must be sound.

Note that destruction caused by a disaster is different from authorized disposition under a retention schedule. Unscheduled or accidental loss of records — especially permanent ones — may need to be reported, depending on your governing laws and policies.

Prevent the next gap

Disaster damage is largely a records-management failure, not just a FOIA problem. A strong program reduces both the loss and the dispute by:

• Identifying vital records and protecting them with backups and redundancy.
• Maintaining fixity and preservation practices so digital records remain intact and verifiable.
• Keeping inventories current so searches stay accurate after a loss.

For deeper background on access obligations and the request process, see the FOIA and public records hub. The core principle holds: requesters are entitled to a reasonable, well-documented search — not to records that genuinely no longer exist.