In this blog post, we provide an overview of how government agencies respond to requests for records under the Freedom of Information Act, specifically focusing on § 402.145.
https://www.ssa.gov/OP_Home/cfr20/402/402-0145.htm
The section lays out the procedures that agencies must follow when responding to FOIA requests, including retrieving records, furnishing records, and creating new records.
We explain that agencies are only required to furnish records that are in their possession or that they can retrieve from storage. We highlight the importance of retention laws and regulations that determine how long records must be kept before they can be destroyed. We also note that agencies are not required to create new records or perform extensive research in response to requests.
We go on to discuss how agencies may consolidate information from various records instead of copying them all and how they may delete information that is exempt from disclosure before publishing records. We explain that agencies are not required to create new records merely to satisfy a request but will search for responsive information within their records. Finally, we note that agencies may decline to commit extensive resources to respond to a request or may charge a reasonable fee for doing so.
By understanding § 402.145, readers can gain a better understanding of how government agencies respond to FOIA requests for records, which can help them make more informed requests and understand the limitations of what can be provided.