Below are some common issues that agencies often cite to justify denying a records request. If your request ends up being rejected for one of these reasons, try to try to utilize the tips below to address denials.
Request is not sufficiently described or is too vague
Emphasis or reiterate the reasons why the records request is specific and demonstrate examples that show exactly what you are looking for. Published media, news articles, or other sources of outside information are perfect sources to cite as examples.
Agency claims that the records do not exist or not in control of the agency
Be sure to counter their argument with a search of available public records. Look through the agency’s website and try to find instances where they may have mentioned that the record does indeed exist. Even if you can’t find direct evidence that the document does in fact exist, try to make as strong of an argument as possible with the given information that you do have access to.
Agency claims to have searched for and not found any records that pertain to your request
As mentioned above, you can utilize public records to refute the agency’s argument that they haven’t found the records after doing a simple search.
In this specific instance, you can also challenge the quality and adequacy of the agency’s search. Agencies will often store their records on certain databases or file systems. What system an agency uses can be found online. After finding the system, you can ask if the agency searched that system. You can also ask if the agency searched certain suboffices, specific sub-agencies, or the records of certain employees or officials.
Agency claims that part or all of your request falls under one of the nine exemptions
Denying a request due to exemptions is a very common response by government agencies. If this happens to you, first check if the denial lists out the relevant exemptions. If no exemptions are listed, your appeal should outline that the agency failed to provide relevant exemptions for justifying their denial. If, on the other hand, exemptions are listed, check if the exemption is applicable to the type of information you requested. This will not always be straightforward, and will require that you look up the relevant exemption rules and determine their applicability. Keep records of both your written and verbal communication.
If you are still not getting access to records, you can try getting the local press involved by writing a letter to the Editor and raising the issue of the local agency’s lack of transparency.