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In answer to a FOIA request, does a response that a current record or set of records does not exist constitute a denial?

April 26, 2017answer constitute exist FOIA record records request Response

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In answer to a FOIA request, does a response that a current record or set of records does not exist constitute a denial?

1 Answer

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It may seem strange but telling a requester that the information requested does not exist (a “no record” determination) is considered an adverse determination. It should be signed by the Inital Denial Authority (IDA) and provide the requester with a notification of his appeal rights.