OGIS Remains Interested in “Still Interested” Letters

Mail, Photographs Relating to Agency Officials, Events, and Activities. National Archives Identifier 209296403

As the federal government approaches the end of fiscal year 2024 in September, we recognize that many federal agencies are aiming to close old FOIA requests and reduce their FOIA backlogs. Some are sending requesters "still interested" letters to ensure that the requester still seeks the requested records. The Office of Information Policy (OIP) guidance on the issue advises agencies about "being mindful" in regard to the timelines for requesters to respond to agencies and indicate their level of interest. OIP updated this guidance in 2021 and included a series of procedures that agencies should use when sending "still interested" letters. OIP also offers a checklist for guidance regarding "still interested" letters that may be helpful to agencies. In a nutshell:

• Limit the use of "still interested inquiries" to situations where the agency has a reasonable basis to determine that the requester's interest in the records may have changed.
• Limit the frequency of "still interested" inquiries to the requester concerning a particular request.
• Use the requester's preferred method of communicating.
• Provide requesters with a minimum of 30 working days to respond to "still interested" inquiries.
• Ensure that "still interested" inquiries do not disadvantage the requester in the event that a requester responds to such inquiries within a reasonable amount of time after the deadline has passed.
• Review your procedures on the use of "still-interested" inquiries to ensure they conform to OIP guidance.

We continue to monitor the use of "still interested" letters through the requests for OGIS assistance that we receive and follow up with agency FOIA programs as appropriate, particularly if we see agencies providing requesters with fewer than 30 working days to respond. If you have received a "still interested" letter from an agency that does not appear to comply with OIP's guidance, you may contact the agency's FOIA Public Liaison and/or OGIS for assistance.

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