NYCLU Spy Files Campaign: How quickly will I get a response?

Under the federal FOIA law, federal agencies are required to respond within 20 business days and inform you whether they grant or deny your request. They must then provide the requested documents within a reasonable period of time. However, because most agencies have a backlog of requests that they must process, it may take months or even years before you receive the documents. Although you should keep in contact with the agency to encourage them to process your request, patience is important.

You can also request expedited processing, which requires the agency to respond within 10 business days, either granting or denying your request. Your request will receive expedited processing if you can demonstrate that there is a life-threatening need for the information or that a delay could threaten the physical safety of any individual (not necessarily yourself). Alternatively, you may also get expedited processing if you are an organization primarily engaged in disseminating information and the request pertains to a matter of compelling need. Other agencies may consider additional grounds for expedited processing, so you should check their policies before drafting your request.

Under New York state FOIL law, an agency has 5 business days after the receipt of the request either to make the requested records available to you, deny the request, or acknowledge the request and state an approximate date when your request will be granted or denied. There is no provision under the state FOIL law for expedited processing.

Although FOIA and FOIL include limitations on how long an agency can take to satisfy a request for documents, the only real restriction is that they must produce the documents within a reasonable period of time. Because so many agencies face backlogs, the courts tend to be lenient in enforcing this reasonableness standard. But if you are patient yet persistent, you should receive the documents — or some documents — eventually.

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