In the Beginning was the Request: A Street-level Perspective on the FOIA Process

Abstract

The United Nations has identified freedom of access to information as a basic human right. In the United States (US) that right is codified by the Freedom of Information Act (FOIA). Although the FOIA constitutes a major component of US government information policy, the problem is that little is known about how the process actually works. This grounded-theory study examined how the characteristics of incoming requests impact the FOIA process from the street-level bureaucrat’s perspective. A preliminary literature review identified several request characteristics as potentially impacting the process, including wording, scope, subject, requester identity, organizational constraints, and interpersonal relationships. As the study progressed, additional literature was reviewed in response to themes and patterns that emerged from coding the interview results. Focused interviews were conducted with a convenience sampling of 10 FOIA officers from federal agencies across the US. Two additional participants provided written answers. The interviews yielded 32 focused codes, which included records management, conflicting rule sets, requester motivation, and organizational culture. Ultimately, six thematic codes were identified and used to develop an information environment model. The thematic codes are the request as stimulus, emotional response, internal information environment, external information environment, requester feedback, and the FOIA professional’s skillset. The study indicates that although a request’s characteristics can impact the FOIA process, the results originate out of interactions between the request and a FOIA professional who is operating within a larger information environment. Practice implications for FOIA requesters, senior agency officials, and legislators are discussed, and recommendations and suggestions for future research are offered.