Fee Waivers

Introduction
Under FOIA, an agency must waive or reduce fees in cases where “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.”

Meeting the statutory requirement
The DC Circuit has laid out a three part test that must be satisfied in order to be entitled to a fee waiver. Specifically, "Disclosure of the requested information must: (1) shed light on the operations or activities of the government; (2) be likely to contribute significantly to public understanding of those operations or activities; and (3) not be primarily in the commercial interest of the requester.”

Shed light on the operations or activities of the government

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Be likely to contribute significantly to public understanding of those operations or activities

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Not be primarily in the commercial interest of the requester

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