“Still Interested” Letters Must Give 30 Working Days for Response

As the end of the fiscal year nears, federal agencies may be aiming to close old FOIA requests and reduce their backlogs by sending “still interested” letters.

Sent by agencies to confirm whether a requester still wants their pending FOIA request to be processed, “still interested” letters are typically issued when a FOIA request has been pending for a significant period, often due to backlogs or complexity. Agencies use these letters to manage their workload, ensuring they focus resources on requests that remain relevant to the requester. If the agency doesn’t receive a response within the designated timeframe, it may close the request. For requesters, ignoring a “still interested” letter can mean losing your place in the queue and having to start the FOIA process over again. It’s important to reply promptly and confirm continued interest.

The Office of Information Policy (OIP) guidance on the issue advises agencies about “being mindful” about the timelines for requesters to respond and indicate their level of interest. OIP updated this guidance in 2021 which includes a series of procedures that agencies should use when sending “still interested” letters. 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.

OGIS continues to monitor the use of “still interested” letters through requests for OGIS assistance that we receive. If you receive a “still interested” letter from an agency that does not provide 30 working days or other does not appear to comply with OIP’s guidance, you may contact the agency’s FOIA Public Liaison and/or OGIS for assistance.