What is an agency legally required to include in a FOIA denial letter?

When a federal agency withholds records under the Freedom of Information Act (FOIA), it cannot simply say “no.” The law requires the agency to explain its decision in writing so the requester understands what was withheld, why, and how to challenge it. While exact wording varies by agency, a proper denial (often called an “adverse determination”) generally must include the following elements.

Core elements of a denial letter

• A clear statement of the decision. The letter must tell you whether the request was denied in full or in part, and identify the records or portions being withheld.
• The specific exemption(s) relied on. FOIA contains nine statutory exemptions (for example, national security, personal privacy, or law-enforcement information). The agency must cite the exemption(s) that apply to the withheld material, not merely assert that “an exemption applies.”
• A brief explanation. Agencies are expected to connect the exemption to the records — describing in general terms why the information falls within that exemption.
• The volume or scope of withholding. Where feasible, the agency should indicate the amount of information withheld (such as the number of pages) and release any reasonably segregable, non-exempt portions after redaction.

Procedural rights the letter must convey

• Appeal rights. The letter must inform you of your right to file an administrative appeal, including the deadline and where to send it.
• The official responsible. Denials are typically signed by, or attributed to, the agency official making the determination.
• Dispute-resolution services. Agencies generally must notify requesters of the option to seek assistance from the agency’s FOIA Public Liaison and from the Office of Government Information Services (OGIS), which offers mediation.

Why this matters

These requirements exist so the public can hold agencies accountable and pursue review when they disagree. If a denial omits the exemption cited or fails to mention appeal rights, that itself can be grounds to challenge the response.

Because procedures differ across agencies and may change over time, confirm the specific requirements that apply to your request before relying on them.

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