District of Columbia flag

District of Columbia

District of Columbia FOIA: Deadlines, Bodycam Rules, and Mayoral Appeals

Independently fact-checked against primary sources (last audited August 4, 2026). · Law checked current as of August 8, 2026. · 7 primary sources cited on this page. How we verify our legal content

District of Columbia FOIA: Deadlines, Bodycam Rules, and Mayoral Appeals

Frequently Asked Questions

Is D.C. FOIA the same as federal FOIA?

No. The District of Columbia has its own Freedom of Information Act at D.C. Code sections 2-531 through 2-540, covering District government bodies such as the Metropolitan Police Department, D.C. Public Schools, and District agencies. The federal Freedom of Information Act, 5 U.S.C. section 552, covers federal agencies such as the FBI and the State Department. Many federal agencies sit inside the District, but that does not make them subject to D.C. FOIA. Decide which government holds the record before you file.

How long does a District agency have to respond?

Fifteen days, excluding Saturdays, Sundays, and legal public holidays, under D.C. Code section 2-532(c)(1). In unusual circumstances the agency may extend that by up to 10 additional days under section 2-532(d). Body-worn camera recordings run on a separate 25-day track under section 2-532(c)(2)(A), extendable by up to 15 additional days. If the agency misses the deadline, section 2-532(e) deems the request denied and deems your administrative remedies exhausted.

Can I get police body camera video in the District of Columbia?

Often, but with two specific limits. Section 2-532(c)(2)(A) gives 25 days to respond to a bodycam request, extendable by up to 15 additional days under section 2-532(d)(1), so the District treats the footage as slower to produce rather than categorically exempt. First limit: under section 2-532(c)(2)(B) a bodycam request may only be submitted to the Metropolitan Police Department, so filing with another agency is not a valid request. Second limit: section 2-534(a)(2A) exempts recordings made inside a personal residence and recordings related to an incident involving domestic violence, stalking, or sexual assault. Other exemptions can also apply to the content of a specific recording, so include the incident date, time, location, report number, and officers involved, and ask about the retention schedule so the footage is not overwritten before you request it.

Do I have to live in Washington to file a D.C. FOIA request?

No. Section 2-532(a) provides that any person has a right to inspect and, at their discretion, to copy any public record. There is no residency requirement, no taxpayer requirement, and no requirement to state a purpose.

How do I appeal a D.C. FOIA denial?

You have two routes and you may choose either. Section 2-537(a) says a person denied access 'may petition the Mayor,' and 1 DCMR 412.1 states that a requester may appeal the denial to the Mayor or may seek immediate judicial review, so the administrative appeal is optional rather than a precondition to suit. If you take it, the Mayor must issue a written determination within 10 days, excluding weekends and legal public holidays, and the Mayor's Office of Legal Counsel adjudicates those appeals. The appeal may be filed through the District's public FOIA portal at myfoia.dc.gov or by mail or email, and must include the original request, the written denial if there was one, and a written statement of the reasons supporting release. The alternative is to sue in Superior Court for injunctive and declaratory relief, which you may also do after the appeal fails or goes undecided.

What happens if a District agency just never responds?

Section 2-532(e) turns silence into a denial. If a public body fails to comply within the statutory time limits, the request is deemed denied and the person making the request is deemed to have exhausted their administrative remedies, unless that person chooses to petition the Mayor. You do not have to wait for a formal denial letter or complete an administrative appeal before going to Superior Court, and section 2-537(b) puts the burden on the public agency to sustain its action once you get there.

Are there requests where the Mayoral appeal is not available at all?

Yes, two. Section 2-537(a-1) sends appeals involving Council records directly to court, and section 2-537(a-2) does the same for records of the Attorney General. Those carve-outs exist because the Mayor should not adjudicate the disclosure obligations of a separate branch or of the District's own counsel. If your request went to the Council or the Office of the Attorney General, consult a District attorney about proceeding in Superior Court rather than filing a Mayoral appeal.

What can the District charge me, and can the fee be waived?

It depends on which of the three tiers in section 2-532(b-1) you fall into, and only direct costs may be charged in any of them. A commercial requester pays search, duplication, and review costs. An educational institution, a non-commercial scientific institution, or a representative of the news media pays duplication only. Everyone else pays search and duplication with no charge for review. Section 2-532(b-3) also bars a public body from demanding advance payment unless you have previously failed to pay a fee on time or the fee will exceed $250. Section 2-532(b) provides a real public-interest waiver: documents may be furnished without charge or at a reduced charge where the public body determines the waiver is in the public interest because furnishing the information can be considered as primarily benefiting the general public. Ask for the waiver in your original request and explain how the information will reach the general public.

Can I recover my costs if I have to sue?

Section 2-537(c) allows a prevailing requester to recover reasonable attorney fees and other litigation costs. Section 2-537(b) also provides that judicial review in Superior Court is de novo, authorizes the court to examine the records in camera to determine whether they were properly withheld, and states that 'the burden is on the public agency to sustain its action.' The court looks at the records itself rather than deferring to the agency's characterization, and the agency, not you, has to justify the withholding.

Updates

Governing law re-checked for recent changes

Independently fact-checked against the cited primary sources

Sources and References

  1. D.C. Code section 2-532, Right of access to public records, Council of the District of Columbia(code.dccouncil.gov).gov
  2. D.C. Code section 2-537, Administrative appeals and judicial review, Council of the District of Columbia(code.dccouncil.gov).gov
  3. D.C. Code Chapter 5, Subchapter II, Freedom of Information (sections 2-531 to 2-540)(code.dccouncil.gov).gov
  4. How to request records of the Mayor’s Office of Legal Counsel itself, Mayor’s Office of Legal Counsel(molc.dc.gov).gov
  5. D.C. FOIA public request portal, Government of the District of Columbia(myfoia.dc.gov).gov
  6. Freedom of Information Act Appeals, Mayor’s Office of Legal Counsel(molc.dc.gov).gov
  7. Freedom of Information Act (FOIA), Government of the District of Columbia(dc.gov).gov
Share: