A guide to federal and state public record requests from the MT Transparency Project

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 new documents or answer questions; the Freedom of Information Act is about records that already exist.

Whereas our federal “right to know” is just a statute passed by the legislature, transparency is a constitutional right in Montana. In 1972, Montana adopted a new state constitution that includes a powerful “right to know” provision located in Article II, Section 9. The Constitution provides that no Montanan shall be denied the right to examine public documents unless the demands of individual privacy clearly outweigh the merits of public disclosure. Certain records remain confidential by statute, such as adoption files or child abuse investigations.

What you can’t access:

Neither the Freedom of Information Act nor Montana law makes every record public. The Freedom of Information Act contains nine specific exemptions, which cover sensitive areas such as classified national security information, personal privacy, or law enforcement records. These limits aim to balance openness with security, privacy and effective government operations.

Montana’s approach is less centralized: Documents are to be made public except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure. In practice, many different state laws declare certain records confidential. In a court case, though, a court will balance individual privacy and the merits of public disclosure in deciding whether a document should be released.

Timelines and fees:

Under the Freedom of Information Act, agencies are required to respond within 20 business days, though they can extend the deadline in many circumstances, such as when records are spread across multiple offices. On the other hand, Montana’s system does not impose a strict timeline, but the law requires agencies to provide records “promptly.” However, if the information is complex or cannot be immediately located, the agency must provide written notice if it cannot meet the timeframe and has extended it to a maximum of 90 days.

Fees at the federal level vary significantly depending on who you are and how you intend to use the records, though fee waivers are common if releasing the records serves the public interest. In Montana, a new fee structure will actually take effect this month. As we covered in our June column, the 2025 Legislature’s House Bill 100 implemented a standardized information-request fee schedule for the state. Under the new law, the first hour of service will be provided free of charge, with a subsequent fee limit of $25 per hour for additional services. This new provision will be actualized this month, so the consequences of this streamlined process has yet to be determined.

Resources and practical tips:

When writing a records request, the most important strategy is specificity. Narrowing your request to particular dates, topics or individuals makes it easier for agencies to locate the documents and reduces delays.

If you have a federal request you’d like to submit, we recommend you start by figuring out which agency holds the documents you want. Then going to FOIA.gov, which has guidance and a portal to submit a request.

In Montana, right-to-know requests should be directed to the specific public agency that holds the records you are seeking, or to the state’s Office of Public Information Requests if the agency is supported by the office.

At the Montana Transparency Project, we assist citizens (like you!) throughout the request process — from reviewing and refining requests for clarity and specificity to advising on next steps if a request is denied. We believe that by educating Montanans about their constitutional right to know, we can strengthen participatory democracy and ensure state government remains accountable to the people. For assistance with your request, contact us at montanatransparencyproject. org.

Caroline Bullock is secretary of the Montana Transparency Project.