3 Request Rule – FOIA Request

If 3+ people request the same records from an agency, the agency has to make those records proactively & electronically public.

This was formalized in the FOIA Improvement Act, from what used to be standard policy for “frequently requested records”.

5 USC 552(a)(2)(D)(ii)(II)

“(2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— …

1. D) copies of all records, regardless of form or format—

(i) that have been released to any person under paragraph (3); and

…(ii)

…(II) that have been requested 3 or more times; and

a general index of the records referred to under subparagraph (D)”

The exemptions are the usual (b)(whatever), plus:

“To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes … records referred to in subparagraph (D).

However, in each case the justification for the deletion shall be explained fully in writing, and the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (b) under which the deletion is made.

If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made.”

(That’s from the unlabeled paragraph at the end of (a)(2).)

Thank you Sai