Almost one fifth of federal agencies report using artificial intelligence (AI) and/or machine learning in FOIA processing and nearly half report finding records responsive to a FOIA request that were beyond their retention period. Those are among the findings in our latest report, Assessing Freedom of Information Act Compliance through the 2024 National Archives and Records Administration’s Records Management Self-Assessment.
Data collected in the annual Records Management Self-Assessment (RMSA) helps OGIS fulfill its statutory mandate to review agency compliance with FOIA, 5 U.S.C. § 552(h)(2), and complements the observations OGIS makes as the FOIA Ombuds, working to improve the FOIA process for all. The RMSA for 2024 —administered to agency records officers between January 2025 and March 2025 by the National Archives and Records Administration’s Office of the Chief Records Officer (CRO)—included seven questions regarding FOIA administration.
Key results highlighted in the 2024 assessment include:
- Almost one fifth (18.6 percent) of respondent agencies report using AI and/or machine learning in FOIA processing. While AI and machine learning are not a substitute for a FOIA professional’s judgment on application of exemptions and foreseeable harm, these technologies have the potential to aid in FOIA processing, and it is important that agencies explore the use of AI and/or machine learning options to help improve FOIA processing response times.
- Nearly half (46.6 percent) of respondents reported finding records responsive to a FOIA request that were beyond their retention period. Disposing of records in accordance with NARA-approved disposition schedules can reduce the burden on the FOIA program as there may be fewer records to search for and process. It is therefore vital that agencies follow their records disposition schedules closely.
- The majority of respondents (81.3 percent) said that their Agency Records Officers and records management staff have received some FOIA training, either formal or informal. Records management training for FOIA professionals and FOIA training for records management professionals are crucial for the effective management of government information. It is critical that agencies ensure that FOIA and records management training (both formal and informal) is regularly made available to both sets of personnel.
Since 2016, our partnership with the CRO on the RMSA has allowed OGIS to gather data about FOIA operations from almost every agency that is subject to FOIA. OGIS’s participation in the RMSA is crucial because a strong records management program—which allows agencies to find records responsive to FOIA requests—is essential to a successful FOIA program.
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