MODLAN INTELLIGENCE RESOURCE · GUIDE

Engineering a Better FOIA or Public Records Request

How source reconnaissance, component routing, scope design, production format, and requester communication can reduce avoidable delay without overclaiming statutory outcomes.

8 min readPUBLIC-SAFENO PROTECTED CST IMPLEMENTATION

Search before requesting

Public reading rooms, agency websites, datasets, prior releases, retention schedules, and component descriptions can reveal whether the record already exists publicly and which office is most likely to own it.

Describe records, not questions

A strong request identifies record types, date boundaries, likely custodians or systems, and desired format. Agencies generally are required to search for responsive records; they are not required to create new analysis to answer a research question.

Treat negotiation as part of the record

Clarifications, narrowing, fee discussions, search limitations, estimated completion information, and rolling productions should remain in a versioned event history so the matter can be reconstructed later.

Preserve the production

Hash and inventory files when received, keep correspondence and exemption labels tied to the release, and perform analysis from review copies rather than altering the source production.