Freedom of Information Act (FOIA) Frequently Asked Questions (FAQs)

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1. What can I ask for under the FOIA?

   Answer:  A FOIA request can be made for any agency record. You can also specify the format in which you wish to receive the records (for example, printed or electronic form). Please note, the FOIA does not require agencies to create new records or to conduct research, analyze data, or answer questions when responding to requests. For questions about statistical data or requests for information not readily available on the BLS website, please contact the BLS program that produces the data.

2. What will I receive in response to a FOIA request?

   Answer:  Once the BLS has processed your request, BLS will send you a written response letter which will include the number of responsive records located, if any, and all releasable documents. If any portions of the responsive records are not eligible for release under the FOIA, such as when disclosure would invade an individual's personal privacy, BLS will inform you of the specific FOIA exemption(s) that are being applied. For more information about what types of records are exempted from disclosure, please see the FAQ entitled “What are the FOIA exemptions and how do they apply to BLS records?” below.

3. How do I submit a request to the BLS?

   Answer:  Before making a request, first look to see if the record(s) you are interested in are already publicly available. You can find a lot of useful information on a range of topics on dol.gov and bls.gov, including many statistical data products produced by the BLS.

   If the records you want are not publicly available, you can submit a FOIA request to the BLS FOIA Office. The request must be in writing and must reasonably describe the records you seek. The BLS accepts FOIA requests via e-mail, mail, fax, DOL's Public Access Portal or the National FOIA Portal.

   You can e-mail your request to:

   foiarequests@dol.gov.*

   Or mail your FOIA request for BLS records to:

   U.S. Department of Labor
   Bureau of Labor Statistics
   FOIA Disclosure Officer
   Room G225 Postal Square Building
   2 Massachusetts Avenue, N.E.
   Washington, DC 20212-0001

   Or fax your request to:

   Bureau of Labor Statistics
   FOIA Disclosure Officer
   (202) 691-5111

   *FOIA requests sent to BLSFOIAServiceCenter@bls.gov will not be accepted.

4. What are the FOIA exemptions and how do they apply to BLS records?

   Answer:  BLS is required to disclose records requested unless the records fall under one or more of the nine exemptions contained in the statute. The FOIA authorizes agencies to withhold information when they reasonably foresee that disclosure would harm an interest protected by one or more of these nine exemptions. All BLS disclosure determinations will be made with transparency in mind.

   The nine exemptions are described below.

   Exemption 1: Information that is classified to protect national security.

   Exemption 2: Information related solely to the internal personnel rules and practices of an agency.

   Exemption 3: Information that is prohibited from disclosure by another federal law.

   Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged.

   Exemption 5: Privileged communications within or between agencies, including those protected by the:

   • Deliberative Process Privilege (provided the records were created less than 25 years before the date on which they were requested)
   • Attorney-Work Product Privilege
   • Attorney-Client Privilege

   Exemption 6: Personnel and medical files and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

   Exemption 7: Information compiled for law enforcement purposes that:

   • 7(A). Could reasonably be expected to interfere with enforcement proceedings.
   • 7(B). Would deprive a person of a right to a fair trial or an impartial adjudication.
   • 7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy.
   • 7(D). Could reasonably be expected to disclose the identity of a confidential source.
   • 7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.
   • 7(F). Could reasonably be expected to endanger the life or physical safety of any individual.

   Exemption 8: Information that concerns the supervision of financial institutions.

   Exemption 9: Geological information on wells.

   BLS individual- or micro-level survey data are protected under Exemption (b)(3) of the FOIA, "records that are specifically exempted from disclosure by statute," and will not be released through FOIA. The BLS has pledged to protect, in accordance with the Confidential Information Protection and Statistical Efficiency Act (CIPSEA) (44 U.S.C. § 3561 et seq.), the identity of all individuals and establishments from whom data are collected and to use that data for exclusively statistical purposes. Federal agencies are specifically prohibited from releasing in identifiable form information acquired under a pledge of confidentiality for exclusively statistical purposes. This includes not allowing information pertaining to any specific employee or establishment to be inferable from data we release. This assurance enables the BLS to collect sensitive information provided voluntarily by individuals and entities that might not otherwise cooperate. If we failed to keep our pledge of confidentiality, it could cause a detrimental effect on the participation of respondents, thereby impairing our ability to collect reliable data. Other exemptions protecting BLS data from release may apply depending on the request.

5. What are the requirements for obtaining records on myself?

   Answer:  If you are seeking records on yourself, your request will be considered a formal first-party request and will be processed under the FOIA and the Privacy Act of 1974 (5 U.S.C. 552a). You will be required to provide a certification of your identity. This certification is required to protect your privacy and to ensure that private information about you is not disclosed inappropriately to someone else.

   If you would like to submit a formal first-party request for information about yourself contained in BLS records, your request must include the following:

   • Contact information, including full name, current address, telephone number, and email address so we may contact you if necessary and verify your identity.
   • A description of the records requested and where they would be held. The specific system of records, or a clear description of the record(s) including date range, subject matter, contacts or persons involved, place records were created, applicable system of records, and other pertinent details should be included as necessary. The description should be specific enough to help us locate the records you are seeking. You can find the BLS-DOL Systems of Records listings and descriptions on this page: https://www.dol.gov/sol/privacy/.
   • A brief description of the nature, time, place, and circumstances of your association with the BLS.
   • Any other information which you believe would help the BLS to determine whether the information about you is included in any records.
   • If you are authorizing another individual to have access to your records, the name of that person.
   • A Privacy Act certification of identity. When you request access to records about yourself, you must verify your identity. You must sign your request and your signature must either be notarized or submitted by you under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, please include the following information:
   1. Your full name and date;
   2. An acknowledgment that you understand the criminal penalty in the Privacy Act for requesting or obtaining access to records under false pretenses (5 U.S.C. 552a(I)(3)); and
   3. A notarization of your signature, or a declaration that your statement is true and correct under penalty of perjury (18 U.S.C. 1001).

   Certification of identity can be met by including the following statement at the end of your request: "I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]." 　

6. How is a FOIA request processed?

   Answer:  After BLS receives your FOIA request, you should receive an email acknowledging the request with an assigned FOIA ID number. If BLS requires additional information before we can begin to process your request, we will contact you. BLS will conduct a search for records responsive to your request and will then review those records to determine if any FOIA exemptions are applicable. We will redact any information protected from disclosure by one or more of the FOIA’s nine exemptions. A response letter, along with any releasable records, will be sent to you.

7. How long will it take to receive a response?

   Answer:  The BLS generally processes requests in the order of receipt. The time it takes to respond to a request will vary depending on the nature and complexity of the request. BLS will be better able to respond to your request if it is described in as much detail as possible. Simple requests are more targeted, yield fewer responsive records, and do not require coordination across multiple offices or agencies. Complex requests may result in a high volume of records, require additional processing steps such as searching for records in multiple locations, and/or may require coordination across multiple offices or agencies. A simple request can be processed faster by the agency than one that is complex. The BLS FOIA Service Center can be contacted at BLSFOIAServiceCenter@bls.gov to assist you regarding the status of your request.

8. Can I have my request processed faster than usual or expedited?

   Answer:  Under certain conditions you may be entitled to have your request processed on an expedited basis. There are two specific situations where a request will be expedited, which means that it is handled as soon as practicable. First, a request will be expedited if the lack of expedited treatment could reasonably be expected to pose a threat to someone's life or physical safety. Second, if there is an urgency to inform the public about an actual or alleged Federal Government activity, if made by a person who is primarily engaged in disseminating information, their request may be approved for expedited treatment. BLS will grant or deny expedited processing requests within ten days of receipt by the BLS.

9. Can I request BLS data at the individual or microdata level?

   Answer:  Requests for BLS microdata will be denied under Exemption (b)(3) of the FOIA, which exempts from disclosure, “records that are specifically exempted from disclosure by statute,” and in some cases also Exemption (b)(6), which exempts from disclosure, “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.”

   The BLS has pledged to protect, to the full extent permitted by law, the identity of all individuals and establishments from whom data are collected and to use that data for exclusively statistical purposes. Under the Confidential Information Protection and Statistical Efficiency Act (CIPSEA) (44 U.S.C. § 3561 et seq.), Federal agencies are specifically prohibited from releasing in identifiable form information acquired under a pledge of confidentiality for exclusively statistical purposes. This includes not allowing information pertaining to any specific employee or establishment to be inferable from data we release. This assurance enables the BLS to collect sensitive information provided voluntarily by individuals and entities that might not otherwise cooperate. If we failed to keep our pledge of confidentiality, it could cause a detrimental effect on the participation of BLS respondents, thereby impairing our ability to collect reliable data.

   The BLS may be able to provide special tabulations that would contain aggregated data provided such tabulations meet our confidentiality guidelines. For more information, please contact the appropriate program office for the data you are seeking.

Freedom of Information Act Requests

Last Modified Date: January 26, 2024