Welcome to our blog! Today, we’ll be discussing the criteria for waiving or reducing fees for FOIA requests when it is in the public interest.
https://www.ssa.gov/OP_Home/cfr20/402/402-0185.htm
Let’s break down the two tests that must be met for a waiver or reduction:
1. Public Interest Test Disclosure must significantly contribute to public understanding of government operations or activities. To evaluate this, we consider:
- How the records pertain to federal government operations or activities
- If the disclosure reveals meaningful information about government operations not already public knowledge
- Whether the disclosure advances the understanding of the general public, rather than a narrow segment
- If the contribution to public understanding is significant
2. Not Primarily in the Requester’s Commercial Interest Test Disclosure should not primarily further the requester’s commercial interests. We will weigh the requester’s commercial interest against the public interest. Factors include:
- Whether the disclosure furthers the requester’s or someone else’s commercial interest
- If the commercial interest outweighs the public interest defined in the first test
If both tests are met, fees will normally be waived or reduced. Reductions may apply when only some requested records pass the tests.
Requesting a Waiver or Reduction Request a waiver or reduction when you make your request for records, and explain why it’s justified based on the criteria mentioned above. Only FOI Officers can decide on waivers or reductions. If your request is denied, you can appeal the decision by following the process prescribed in § 402.190.
Stay tuned for more informative blog posts about FOIA and other related topics!