If your Freedom of Information Act (FOIA) request is denied, you have the right to file an appeal.
To file an appeal, follow the instructions in your FOIA response letter.
Your appeal must:
- Be in writing
- Be submitted within the deadline provided in your FOIA response letter
- Be sent to the review official listed in your FOIA response letter
- Explain why you believe the FOIA exemption(s) cited do not apply to the records you requested, or provide reasons why you believed the records should still be released
Providing a detailed explanation of why you requested the records may strengthen your appeal, although it is not required.
HHS Response to a FOIA Appeal
Under the FOIA, HHS has 20 working days (excluding Saturdays, Sundays, and federal holidays) to decide your appeal. Under certain circumstances, HHS may extend the deadline for responding to your appeal by up to 10 working days. Please note that, as with initial requests, some appeals may take longer to decide.
If we grant your appeal, we will grant access to the records or explain the reason for delay.
If we deny your appeal, the official will explain the decision in writing and inform you of the FOIA provision for judicial review.
If HHS denies your appeal, or does not respond within 20 working days, you may file a lawsuit. You may file a FOIA lawsuit in the U.S. District Court where you live, where you have your principal place of business, where the documents are kept, or in the District of Columbia.
You can find more information about appeals in the HHS FOIA regulations.