How does one go about using the freedom of information act?

There is a Federal Freedom of Information Act and most states also have a Freedom of Information Act. They are all slightly different. Not every record is open to the public. How you go about getting information using a FOIA depends on what you are trying to get, and if it is open to the public. Each government record-keeping body that has information that is open to the public has a process that is used. They are supposed to post or make available the rules on how to apply to get the information. In some instances, you can walk into an office and fill out a form. In other instances, you must mail a request. Find the record-keeping body from which you want records, and ask them for their FOIA guidelines and procedures. The same thing goes for a fee waiver. Ask the record-keeping agency from which you are requesting records how to apply for a fee waiver. Federal law allows a fee waiver if the information will be used in the public interest and not for commercial use. Federal Law 5 U.S.C. ? 552(a)(4)(A)(iii), defines the term "public interest" and provides: Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. Many people get a lawyer or legal organization to help them with FOIA requests. If you have a complicated request, you may need to do that. If you are denied information or if the agency is very slow in giving it to you, and if you believe you have a right to it, then please contact a lawyer to help you.

Generally, if, in your request, you can show that the information you request will 'contribute significantly to public understanding of the operations or activities of government', the fee can be waived unless, however, you are a news reporter or someone else engaged in public distribution of information, it's doubtful you'll get this. You should, however, always ask for it in your initial request if you have some reasonable argument you can't get it if you don't ask! You need to tell WHY you want the information, WHAT you plan on doing with it, and to WHOM it will be distributed. If the fee is going to be greater than $25, the agency should notify you first and see if you want to proceed. Huge, surprise fees are unlikely. Still, you should always write in your request that if fees exceed some ($x) dollar amount, the agency should provide an estimate.