How to request a missing public record

Step 1: check what is already published

Many bodies must publish some records without a request. US agencies must post certain records online, including those requested three or more times ¹. Indian public authorities must publish 17 categories of information under section 4 of the RTI Act ³. Ireland's FOI Act lets a body refuse a request for a record that is already available for public inspection or purchase ⁵.

Step 2: describe the record precisely

Access laws cover records that exist, so the request should point to them. The US FOIA requires a request that reasonably describes the records and follows the agency's published rules ¹. EU Regulation 1049/2001 asks for an application precise enough to identify the document, and the institution must ask for clarification if it is not ². Applicants to EU institutions do not have to give reasons ². In India, no reason is needed and an officer must help a person who cannot write the request ³.

In the UK, the ICO says authorities search places where information would reasonably be found ⁶. Dates, names of teams and document types help define those places.

Step 3: note the deadline

Under EU rules, no reply to a confirmatory application within the time limit counts as a refusal, which opens the way to the Ombudsman or the courts ².

Step 4: if the answer is that nothing is held

A not held reply should say so in writing. The UK Act gives a right to be told whether information is held ⁷. Ireland allows refusal where a record cannot be found after all reasonable steps ⁵. The ICO advises authorities to explain why information is not held ⁶.

Review is used. In 2025, UK monitored bodies received 4,720 internal reviews of requests withheld in full or in part, and 28% of reviews with a known outcome overturned the decision fully or partly ⁸.

Step 5: escalate through the official route

In the US, 32,059 administrative appeals were received in fiscal year 2025, up 59.38% on the year before ¹⁰. EU applicants refused on a confirmatory application can go to court or complain to the European Ombudsman ². In India, the Information Commission can fine an officer 250 rupees a day for delay or refusal without reasonable cause, up to 25,000 rupees ³.