How to Get Information You Might Think is Secret

Have you ever wondered how journalists get their information? How they get the government to hand over documents and records that you'd love to see for yourself? Ever wish you could get your hands on some great story leads and vital information?

Well, quit sitting around wondering and wishing and go do it, because the truth is, nearly all of the information made available to working journalists is just as available to the general public. You just have to know how to ask for it.

Under the Freedom of Information Act, commonly known as FOIA, or pronounced foy-ya by many reporters, the majority of government documents are public records, which means they are available for viewing by the public. Do you want to know what the Environmental Protection Agency (EPA) found when it investigated a contamination complaint at a nearby factory? Submit a FOIA request. Wish you could find out more about the California wildfires? Submit a FOIA request to the National Forest Service.

Submitting a request is easy. Most public agencies have forms available for you to fill out. Many make the forms available online. If the agency you're requesting information from doesn't have a form available, there are many great outlines available online for you to follow.

Although each state has its own public information laws, every state must follow the federal law regarding public information. In general, anytime a record is generated by the government it is considered a public record unless the government can provide a good reason that it is not. The courts have found that embarrassment or covering up unlawful acts is not a good reason for withholding records. Records may be withheld if they are part of an ongoing investigation and releasing the records would compromise the investigation, or if releasing the records would somehow do more public harm than good. For example, if the government is attempting to sell a piece of property, and they have an offer for $1 million, but a document showing they are willing to sell it for $500,000, it could possibly do the public more harm than good if the document were released prior to the conclusion of the sale.

In general, the government can only charge minimal copying fees for producing the documents. These fees average 25 to 50 cents per page. Courts are an exception and can charge research, certification and other fees. Expect to pay more for court copies in nearly every case.

There are a few basic rules to keep in mind when asking for public record information.

1. Know which agency to ask.

If you are unsure which agency might have the document or information you are seeking, find out before you submit your request. This can usually be accomplished with a few phone calls or emails. Simply contact the media representative for the agency you think is most likely to have the documents you are looking for and ask if they have them.

2. Be polite.

Yes it's your right to see the records, but it's always nicer to ask than to demand. Save the tough persona for the rare official who denies your request even after being shown the law. Remember, most people who will be accepting your form are front-line employees who don't make decisions and are rarely educated about public information laws. Don't argue with them, they are simply doing their job. Ask to speak to the person who made the decision if you have trouble obtaining a document. In my experience, it is rare to have a problem getting a document.

3. Think ahead.

Remember the adage "failure to plan on your part does not constitute an emergency on my part." Many times it takes several weeks to obtain a document. If you anticipate needing a document, ask for it right away. Waiting until the last minute might result in not having a document you need when you need it. Although it may seem like an office should be able to produce a document right away, remember that most government employees have to get authorization before they can do anything. Your request will often be reviewed by an attorney. Once the right people have given approval, then someone, often the busiest person in the office, will have to actually search for the document. Be patient and keep a good relationship with office staff.

4. Specify what you're looking for and be specific in your request.

Don't make a huge general request. Figure out ahead of time exactly what information you need and then be specific in your request. Unless there's a good reason to be secretive about what you're seeking, let the agency know exactly what you're looking for and see if they can help you narrow down your request. Sometimes they may even make you aware of documents related to your search that you hadn't even thought to request. This is why it's important to keep a good relationship with the staff.

All of this information is great for government records, but what about private companies and individuals?

There are only a few ways to obtain private records since they are, in fact, private. One way is to simply ask for the records. Some companies and individuals are surprisingly open to providing information if you simply ask for it. Another way is to search public records for information on the company or individual. Finally, don't forget to check private places that provide information on businesses, such as Dunn and Bradstreet.

With a little persistence and a lot of patience it's possible to get information that you may have previously thought was available only to journalists.