This article gives general information about the United States. Laws differ by state and locality, so check the rules that apply to you.
Having a request denied, in whole or in part, can be frustrating, but most public records laws include a way to challenge the decision. Appeals are common, and many succeed at least in part, particularly when the original response was unclear or too broad.
Read the denial carefully
A denial letter should say what is being withheld and why, usually by citing a specific exemption. It should also explain how to appeal and how long you have. Federal agencies are required to give requesters at least 90 days to file an administrative appeal, and many state laws include their own deadlines.
The typical path
- Ask for clarification. Sometimes a call to the records officer reveals a misunderstanding or a way to narrow the request.
- File an administrative appeal. This goes to a higher official within the agency.
- Seek mediation or review. Offices such as OGIS at the federal level, or a state ombuds or attorney general, may help.
- Go to court. If other steps fail, a lawsuit may be possible.
What to include in an appeal
- Your original request and the denial letter.
- The tracking number and dates.
- A short explanation of why you think the decision is wrong.
- Any points on public interest.
- A request for the records, or for a fuller explanation of the withholding.
Common grounds for appeal
- The agency did not do an adequate search.
- The exemption does not fit the information.
- The agency withheld whole documents when parts could have been released.
- The agency missed deadlines.
- Fees were excessive.
Keep it professional
A clear, factual appeal is more persuasive than an angry one. Stay specific, and focus on the records and the law.
Consider help
Press associations, legal aid groups, and some law school clinics provide guidance on public records disputes. Court action can be costly, so explore other options first.
Appeals can feel like a long process, but patience and documentation improve your chances.
