Beginner track: How to request data and documents: FOI

Tisha Thompson, ESPN

Andrew Pantazi, independent journalist

Kate Martin, APM Reports

Today you will learn

• How to negotiate with officials
• Appeal methods and mindset
• Minimum and maximum story
• Best way to ask for text messages and emails
• Talk about this from a mentor/editor’s perspective
• Strategies for data requests
• Ways to organize your FOIAs and deadline reminders

ALWAYS TRY TO GET IT WITHOUT FOIA FIRST

THINK ABOUT HOW MANY RECORDS YOU MAY RECEIVE

“SNOW” and “ICE” = roughly 4,000 emails from one agency in a 24 HR period

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Keyword search for “SEAT” = “Seatgeek”, “Superseats USA” & “Supreme Seats”

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But “SEAT” is also part of the word “Seattle”

In Washington state, there 6,000+ businesses containing the word “Seattle”

YOU HAVE TO PROVE WHY IT SHOULD BE “EXPEDITED”

I request expedited processing of this request because it is for documents relating to a public controversy over the use of conservation land known as "Greenbury Point" that is under the control of the Department of the Navy. It is urgent to inform the public about the actual or alleged federal government activity with this land as it will have significant impact on residents who live near and around the property, as well as those connected to the U.S. Naval Academy, and has been the topic of public meetings and news coverage, a list of which includes, but is not limited to stories I am submitting as an attachment to this FOIA request.

“BONA FIDE” WITH EXPLANATION

I am requesting a fee waiver as I am a bona fide member of the media collecting this information as part of the newsgathering process and not for commercial use. The documents requested are of great concern to the public and our readers as they relate to the use and operation of land owned by the Navy and the disclosures are likely to contribute significantly to a better understanding of the government’s decision making in relation to the use of that land, which is mostly unknown despite significant news coverage of the topic.

If you determine, however, that fees must be assessed, I am willing to pay up to $300. If the cost should be more than that, please provide an estimate of fees.

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YOU NEED TO RESEARCH THE LAW BEFORE YOU SEND!

WHAT I DO EVERY SINGLE TIME BEFORE I SEND A REQUEST

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I google “Reporters Committee Open Government” for state requests

and “Reporters Committee FOIA” for federal requests

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So let’s do that right now…

Which brings us to appealing a records denial

https://drive.google.com/file/d/1iwGOnivhB3Y7OhwvkUh1Iy-msBaPck24/view?usp=sharing

https://www.rcfp.org/wp-content/uploads/imported/FOIAapp-samples-March72011.pdf

The HARDEST FOIA LESSON I’ve ever learned arrived in this letter…

I spent 5+ years fighting for this document from the State Department…

Only to have the local police departments then deny my speeding ticket FOIAs…

So I went to every courthouse in the DC region and pulled them manually…

And had to wait again because many were in the “archives”…

After I got the tickets (hundreds of tickets)…

I made myself a database…

Did some SQL queries (yeah baby, you heard that right, SQL)…

And found me some diplomats (and often the children of diplomats) …

AFTER 6+ YEARS

& 2 JOBS

IRE FOIA Award Finalist

BUT ALL MY INFO WAS SIX YEARS OLD!

The hardest lesson I ever learned when the ambassadors denied my appeal for current records…

I WILL NEVER AGAIN WRITE

“From January 1, 2003 until the present day.”

I NOW WRITE

“From January 1, 2003 until

this request is processed.”

What Your Editor Needs to Know (And How They Can Help You)

• Your editor isn’t just a gatekeeper—they’re your ally.
• The better you communicate, the more support (and resources) you’ll get.
• Avoid frustration: Know what your editor needs before they ask.
• Don’t let records delays stall your reporting or writing. Let your editor help you map out what story you can do with or without the records.
• Share your system for tracking public records (a spreadsheet or some other database) with your editor with key information.

EDITOR CHECK:

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WHAT YOUR EDITOR WANTS TO KNOW

• Essential - Does this align with our mission?
• Distinct - Are we uniquely positioned to tell this story?
• Impact - Could this lead to meaningful change? Can the problems described be rectified?
• Timing - Is this the right moment for the story?
• Obstacles - Are there legal, ethical, or reputational risks? What are the biggest hurdles in getting this story done?
• Result - What’s the biggest vs. minimum viable version of the story? When will we know it’s time to walk away?

B.E.S.T. – How Your Editor Can Back You Up

B – Boss Voice – Editors can call FOIA officers and demand answers.

E – Escalation – They can push agencies, PIOs, or officials when you're being ignored.

S – Strategic Planning – They can help figure out workarounds if records are denied.

T – Taking Legal Action – They can help persuade your org to sue when necessary.

If you're stuck, ask: "Can my editor step in and push for this?"

What to do if you don’t know what data the agency has

Request Broad Data to Narrow In

• Ask for metadata or summary-level data that doesn’t require redaction.
• Provide technical instructions—agencies often claim they “can’t extract” data when they can.
• Use legal precedent to assert your right to electronic records.

Example: Instead of requesting full emails (which the agency said would take years to redact), I asked for email metadata. I provided case law for why they would need to give these records, AND I even gave them the PowerShell commands for extracting the metadata.

What to do if you don’t know what data the agency has

Request System Manuals to Reveal Hidden Data

• Agencies may claim they “don’t have” data simply because they don’t know where it’s stored.
• Request system documentation to uncover what data fields exist and how they’re recorded.

Example: Understanding a Crime Incident Database�"I am requesting any contracts, instruction manuals, data dictionaries, glossaries of terms, record layouts or handbooks related to the Sheriff’s Office’s crime incident database or case management system."

🔹 Why this works:�✅ Exposes what data is actually collected.�✅ Helps refine follow-up requests.�✅ Prevents agencies from denying data exists.

Sample records request form letter

Link: https://bit.ly/records-template

Includes tips for:

• Email requests
• Data requests
• Text/instant messages

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Track your requests with notiFOIA

How tracking your request and getting email notifications about them can help you succeed and save you time

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Kate Martin, correspondent, APM Reports

What is notiFOIA?

bit.ly/notiFOIA

• It’s a Google sheet that tracks your records requests and sends you an email reminder when you haven’t heard from an agency.
• It can be a repository for your records so you can find them quickly

It’s great if you…

• File multiple records requests per week
• Are worried a request will get lost in the shuffle
• Want notifications without using a third-party service
• Collaborate: Multiple people can be notified of overdue requests

A tour of notiFOIA: tabs

bit.ly/notiFOIA

• How to: Instructions for installation
• Main: Where you put your records request information
• State_info: Info about each state’s records laws, with links to example FOIA letters and the RCFP page for each and includes calculations for when records are due (more on this later)
• Dictionary: What each field means

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A tour of notiFOIA: Main interface

A tour of notiFOIA: Main interface

A tour of notiFOIA: Main interface

A tour of notiFOIA: Main interface

bit.ly/notiFOIA

• Marking anything under “records received” stops the clock and means you will no longer get reminder emails
• If an agency asks for an extension, you can extend the deadline by typing a number into the “add days” column

A tour of notiFOIA: State info tab

In some states, agencies must respond by a certain number of days. Others have no limit or the agency must respond “promptly,” whatever that means.

For states that don’t set a specific timeframe, default to respond is 10 days.

A tour of notiFOIA: emails

bit.ly/notiFOIA

• You get one email per line in the spreadsheet
• I use filters to send these to a folder and try to process them once a week or when I have spare time

A tour of notiFOIA: emails

bit.ly/notiFOIA

• uniqueID refers to the ID in the spreadsheet
• Includes notes I wrote checking up on request progress
• Includes contact info of records officer

notiFOIA: Setup

bit.ly/notiFOIA

Check HOW TO tab for instructions

Step 1: Click “file” then “Make a copy”

Step 2: Activate the app script as-is (see instructions in “How to” tab)

• There should be no need to update the app script

Step 3: Decide how often do you want alerts? (I pick Tuesday mornings)

Step 4: Happy FOIAing!

Helpful resources

• The Reporters Committee for Freedom of the Press: www.rcfp.org. Includes state-by-state guides
• The National Freedom of Information Coalition – www.nfoic.org
• Student Press Law Center: https://splc.org/
• Records request form letter: bit.ly/records-template
• Track your records requests and receive email reminders from a Google Sheet with notiFOIA: bit.ly/notiFOIA
• FOIA Wiki: https://foia.wiki/

bit.ly/beginner-foia

Questions?

Beginner track: How to request data and documents: FOI

Tisha Thompson, ESPN

Andrew Pantazi, independent journalist

Kate Martin, APM Reports