FOI basics

About me

Tom Cardoso, investigative reporter at The Globe and Mail

@tom_cardoso

You can find the GitHub repository for this presentation here.

What we’ll cover today

  1. What are FOIs? What are they useful for?
  2. The filing process
  3. Waiting for documents
  4. After receiving them
  5. Example stories

What are FOIs?

A legislated mechanism for requesting documents from a government or government-adjacent body.

Basically: You write a letter to an institution and send along a cheque. Then you wait. Finally, you receive a copy of the documents that were found to be “responsive” to your request.

It’s a way to hold governments accountable, so you can more or less ask for anything.

Every reporter should know how to file FOIs.

The filing process

First up: Language.

Some people think writing it in legalese makes it more bulletproof and harder for FOI analysts to misinterpret. It doesn’t. Keep it simple and straightforward, as if you’re writing the nut graf of a story.

There are three elements to an FOI request:

  1. 1. The subject or content of what you want.
  2. 2. The types of records you’d like to receive.
  3. 3. The time period analysts should conduct the search for.

Subject

“I am seeking access to records prepared or received by the mayor’s office regarding vehicle-on-pedestrian collisions within the City of Toronto.”

Record types

“Records should include presentations, memos, reports, research, and briefing notes.”

Time period

“From Jan. 1, 2014 to present (October 16, 2019).”

Final request

“Dear coordinator, I am seeking access to records prepared or received by the mayor’s office regarding vehicle-on-pedestrian collisions within the City of Toronto. Records should include presentations, memos, reports, research, and briefing notes. From Jan. 1, 2014 to present (October 16, 2019). Please call me immediately if you have any questions or need clarification. I can be reached at XXXX.”

Track your requests!

If you've got more than 2 or 3 requests going, keep them logged in a spreadsheet or you will forget about them. Feel free to use mine.

Once you’ve filed and received an acknowledgment, call the coordinator.

Starts the relationship off on the right foot.

Waiting for documents

Be patient. Be polite. Negotiate as necessary.

Unless it’s a federal request, expect a fee estimate. Again, negotiate. Also consider submitting a fee waiver request.

Extensions are common. Don’t be discouraged, and again: negotiate.

Even with an extension, there’s a good chance the body will miss their own deadline.

To combat this, it’s a good idea to check in via call or email a few weeks before a file is due.

You’ll definitely be annoying them a bit by doing this, but the squeaky wheel gets the grease.

After receiving documents

Have fun. You may have thousands of pages to read!

Write a story, maybe?

Consider an appeal, maybe.

File another request to keep your momentum going.

General strategies and notes

Never be rude. The FOI coordinator is a person doing a job, just like you.

Use piggyback requests. Use my Piggyback bookmarklet to make it easy!

Tons of other tips available at my tipsheet.

Example stories