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FOIA Appeals

A Freedom of Information Act (FOIA) requester may appeal the denial of records responsive to a request.

Your appeal letter must:

  • Be in writing
  • Sent to the review official at the address and within the time limit provided in your denial letter
  • State reasons why you believe the FOIA exemption(s) cited do not apply to the records you requested, or give reasons why they should be released regardless of whether the exemption(s) apply

Although it is not required, providing a detailed explanation of why you requested the records may strengthen your appeal. We have discretionary authority in deciding whether to release or withhold certain types of records.

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.

Additional information pertaining to appeals can be found in the HHS Freedom of Information Regulations.

Content created by Freedom of Information Act (FOIA) Division
Content last reviewed on August 28, 2015