You can obtain any "agency records," which has been broadly interpreted by the courts to mean all types of documentary information within the possession and control of the agency, such as papers, reports, letters, films, photographs, and sound recordings. Physical objects are not covered.

It is important to understand that agencies are only required to provide documents that already exist, and are not required to create any new documents to answer your request. Agencies are also not obligated to provide answers to any questions you may have. They are obligated only to produce documents.

There are several exemptions to both the federal FOIA law and state FOIL law, creating categories of documents which the agencies are not required to disclose. The agencies may invoke some of these exceptions in response to your Spy Files request, including exemptions for classified documents and documents that implicate national security; documents revealing information about on-going law enforcement investigations or confidential informants; and documents dealing with internal agency memoranda and policy discussions. However, even if the agency claims that the documents you requested are exempt from disclosure under FOIA, you have the right to appeal that judgment, as explained below.

Next section: How do I make a request?   >>