What types of records can be obtained using FOIA?
A. FOIA applies to any “agency records” which are documents that are (1) either created or obtained by an agency, and (2) under agency control at the time of the FOIA request. U.S. Dep’t of Justice v. Tax Analysts, 492 U.S. 136, 144-45 (1989). The 1996 amendments to FOIA explicitly indicate that the term “record” and any other term used in FOIA in reference to information, should “include any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format.” 5 U.S.C. 552(f)(2). Examples include: maps, photos, digital data, emails, handwritten notes, video and audio tapes, etc. Q.
