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FOIA - Categories of Requesters

FOIA Information
 
· The FOIA Process
· Requester Categories
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Commercial Requester

Requesters who seek information for a use or purpose that furthers their commercial, trade, or profit interest are considered commercial requesters. Commercial requesters pay all fees for search, review and duplication incurred in processing their requests.

Educational Institution

Preschools, public or private elementary or secondary schools, institutions of graduate higher education, institutions of undergraduate higher education, institutions of professional education, or institutions of vocational education operating programs of scholarly research qualify as educational institutions. When an educational institution can demonstrate that its request was made in furtherance of scholarly research rather than commercial use, only duplication fees are assessed. Further, the first 100 pages are provided at no cost.

Non-Commercial Scientific Institution

A non-commercial scientific institution is operated solely for conducting scientific research, the results of which are not intended to promote any particular product or industry and is not operated on a "commercial " basis. The institution must demonstrate that its request is being made as a qualifying institution and the records are not sought for commercial use, but in furtherance of scientific research. When a non-commercial scientific institution can demonstrate that its request was made in furtherance of scientific research rather than commercial use, only duplication fees are assessed. Further, the first 100 pages are provided at no cost.

News Media Requesters

A representative of the news media is a person actively gathering news for an entity organized and operated to publish or broadcast news to the public. "News " means information about current events or of current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at large and publishers of periodicals, when qualifying as disseminators of "news, " who make their products available for purchase or subscription by the general public. "Freelance " journalists may be considered as working for a news organization if they can demonstrate a basis for expecting publication by that organization, even if not an actual employee. Proof may be by publication contract. A requester's past publication record may also be considered in determining their status. Private libraries, private repositories of Government records, or middlemen such as information vendors or data brokers do not qualify as news media requesters. News media requesters only pay duplication fees. Further, the first 100 pages are provided at no cost.

All Other Requesters

Requesters who do not qualify in another category are considered other requesters. Examples are nonprofit organizations and persons having a personal interest in an accident or incident in which they were directly involved. Individuals who request commercial documents must demonstrate that the records are not sought for commercial use. Other requesters receive two hours search, all review, and the first 100 pages at no cost.

 

 


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