Due Diligence

This section describes the principle of due diligence and how it applies to FOIA liaison responsibilities.

FOIA liaisons are required to exercise due diligence in responding to FOIA requesters. This means that they must make reasonable efforts to conduct adequate searches of all conventional and electronic sources that may contain records responsive to FOIA requests. As a general rule, liaisons must undertake a search that is "reasonably calculated" to locate the requested records and, if challenged in court, must be able to show "what records were searched, by whom, and through what process."

This requirement mandates that all FOIA liaisons document their search efforts as much as possible. This includes retaining confirmations of faxes, E-mail messages, memoranda, phone messages, and any other documentation that would substantiate that adequate searches were conducted.

Return to Table of Contents

Last Updated June 2003