A Montanan’s Guide To FederalAnd State Public Record Requests

The right to know takes different forms at different levels of government. At the federal level, the Freedom of Information Act gives citizens a way to request government records. In Montana, the right is built directly into the state constitution (the “right to know”) and spelled out in the Montana Public Records Act.

In this column, we explain both systems, how they compare, what information is requestable and where to start if you want to make your own request.

The Freedom of Information Act was passed by Congress in 1966. It establishes the right to request records from federal executive branch agencies. That includes departments like the Department of Justice, the Environmental Protection Agency and the Department of Homeland Security.

The Freedom of Information Act is a document production law, not a government secrecy law. Unless an exemption applies, federal agencies must turn over existing documents when requested. They don’t have to create ne...