Agency employees, familiar with the subject matter of a request, should be able to
locate agency records responsive to a request. We do not have the requested records
if the record:
is maintained by another agency;
NOTE: Agencies should not be (1) creating records; (2) performing research; or (3) giving
opinions or answering questions in order to respond to a FOIA request. Creating a
record does not include generating a record from an existing database or program.
If any of these actions would be needed to respond to a FOIA request, please notify
OPD and do not perform these actions without OPD approval. Actions that you should
notify OPD of include, but are not limited to, responses involving (1) creating programs
or scripts to retrieve or compile records or information; (2) manipulation of systems,
information, or records; (3) aggregating or compiling information or records; and
(4) providing answers or opinions that do not currently exist in agency records. If
the information exists in a different form than the requester has asked for, employees
should consult with OPD to make a determination.