Legal Definitions - agency records

Agency records refers to any information, regardless of its format (such as documents, emails, reports, or data), that a government agency either creates itself or receives from an outside source, and which the agency possesses and controls at the specific time a request for that information is made under the Freedom of Information Act (FOIA).

For something to be considered an "agency record," two main conditions must be met:

• The information must have been generated by the government agency or come into its possession through its official functions.
• The agency must control the information at the exact moment a request for it is submitted.

Here are some examples to illustrate this concept:

• Example 1: Government-Commissioned Report

  The Department of Transportation commissions an independent engineering firm to conduct a comprehensive study on the safety of a new bridge design. Once the firm completes the study and submits the final report to the Department, it becomes part of the Department's official files.

  Explanation: This report qualifies as an "agency record" because it was *obtained* by the Department of Transportation as part of its official duties, and it is *under the agency's control* as an official document in its possession.

• Example 2: Internal Agency Communications

  A series of emails exchanged between employees at the Department of Commerce discussing the logistics for an upcoming trade negotiation. These emails are stored on the Department's secure internal servers.

  Explanation: These emails are "agency records" because they were *created* by agency employees in the course of their official work and are *under the agency's control* within its digital communication system.

• Example 3: Public Input on Regulations

  The Food and Drug Administration (FDA) receives thousands of written comments from the public regarding a proposed new regulation for food labeling. These comments are collected and maintained in a database by the FDA.

  Explanation: These public comments are "agency records" because they were *obtained* by the FDA as part of its official rulemaking process and are *under the agency's control* within its records system at the time a FOIA request might be made.